Marlin Wells v. Wallace

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARLIN WELLS, Case No. 1:25-cv-01679-BAM (PC) 12 Plaintiff, ORDER TO SUBMIT A NON-PRISONER APPLICATION TO PROCEED IN FORMA 13 v. PAUPERIS OR PAY THE $405.00 FILING FEE 14 WALLACE, THIRTY (30) DAY DEADLINE 15 Defendant. 16 17 Plaintiff Marlin Wells (“Plaintiff”) is a civil detainee appearing pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. Individuals detained pursuant to California Welfare and 19 Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the 20 Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). Plaintiff has 21 neither paid the $405.00 filing fee nor submitted an application to proceed in forma pauperis 22 pursuant to 28 U.S.C. § 1915. 23 Accordingly, IT IS HEREBY ORDERED that: 24 1. The Clerk’s Office shall send to Plaintiff the attached application to proceed in forma 25 pauperis for a non-prisoner; 26 2. Within thirty (30) days of the date of service of this order, Plaintiff shall submit the 27 completed and signed application to proceed in forma pauperis for a non-prisoner, or in 28 the alternative, pay the $405.00 filing fee for this action; and 1 3. Failure to comply with this order will result in dismissal of this action. 2 IT IS SO ORDERED. 3

4 Dated: December 2, 2025 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 5

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