(PC) Owens v. Clendenin

Opinion

JOHNNY OWENS, 1:23-cv-01056-EPG (PC) Plaintiff, ORDER GRANTING APPLICATION v. TO PROCEED IN FORMA PAUPERIS

STEPHANIE CLENDENIN, et al., (ECF No. 2). Defendant. Plaintiff is a civil detainee proceeding pro se in a civil rights action pursuant to 42 U.S.C. § 1983.1 On August 10, 2022, Plaintiff submitted an application to proceed in forma pauperis. (ECF No. 2). The Court has reviewed the application and Plaintiff has made the requisite showing under 28 U.S.C. § 1915(a). \\\ \\\ \\\ \\\ \\\ 1 According to Plaintiff’s complaint, Plaintiff is currently housed at Department of State Hospitals—Coalinga pursuant to California Welfare and Institution Code § 6600 et seq. (ECF No. 1, p. 1). Individuals detained pursuant to California Welfare and Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison Litigation Reform Act. Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir. 2000). eee ee eee IEE OE OD

ccordingly, at Plaintiff’s application to proceed in forma Accordingly, IT IS HEREBY ORDERED that Plaintiff's application to proceed pauperis is GRANTED. IT IS SO ORDERED. 5] Dated: _ July 17, 2023 [see hey UNITED STATES MAGISTRATE JUDGE \ , 4ct As to the status of the complaint, Plaintiff is advised that pursuant to 28 U.S.C. § 1915(e)(2), the Court must conduct an initial review of a pro se complaint filed in forma pauperis to determine whether it is legally sufficient P Pp paup gaily under the applicable pleading standards. The Court must dismiss a complaint, or portion thereof, if the Court determines that the complaint is legally frivolous or malicious, fails to state a claim upon which relief may be Pp Bally Pp granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2). If the Court determines that the complaint fails to state a claim, leave to amend may be granted to the extent that the deficiencies in the complaint can be cured by amendment. The complaint will be screened in due course and Plaintiff will be served with the resulting order.