(PC) Russ v. Price

E.D. California

(PC) Russ v. Price

DecidedDecember 4, 2024

Docket1:24-cv-01466

StatusUnknown

This text of (PC) Russ v. Price ((PC) Russ v. Price) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

(PC) Russ v. Price, (E.D. Cal. 2024).

Pincite

Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ROY RUSS, 1:24-cv-01466-CDB (PC)

10 Plaintiff, ORDER TO SUBMIT APPLICATION 11 v. TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN 45 DAYS 12 BRANDON PRICE, et al. 13 Defendants. 14

15 Plaintiff Roy Russ is a civil detainee proceeding pro se in a civil rights action pursuant to 16 42 U.S.C. § 1983. Plaintiff did not pay the $405.00 filing fee or submit an application to proceed 17 in forma pauperis pursuant to 28 U.S.C. § 1915. Instead, Plaintiff filed a motion for leave to 18 proceed in forma pauperis (“IFP”) on December 3, 2024. (Doc. 2). Therein, Plaintiff avers that 19 he is not a prisoner within the definition of 28 U.S.C. § 1915(h) as the “sole purpose for 20 [Plaintiff’s] custody is civil detention during a pending mental health screening.” (Id. at 1). 21 Plaintiff contends that he is not subject to the financial reporting and exhaustion requirements of 22 the Prison Litigation Reform Act (“PLRA”). (Id. at 2); see Page v. Torrey, 201 F.3d 1136 (9th 23 Cir. 2000) (holding that civil detainee was not subject to financial reporting and exhaustion 24 requirements of PLRA). Thus, Plaintiff moves this Court for leave to proceed in forma pauperis. 25 (Id.). 26 27 Remainder of This Page Intentionally Left Blank 28 1 While Plaintiff may not be subject to the PLRA’s requirements that a prisoner-plaintiff 2 | exhaust administrative remedies and provide copies of prisoner trust fund account statements in 3 | support of any IFP application, he must comply with the requirement under 28 U.S.C. § 1915 and 4 | Local Rule 121 to submit a financial affidavit in support of his request to proceed without 5 || prepayment of filing fees. 6 Accordingly, IT IS HEREBY ORDERED that: 7 Within forty-five (45) days of the date of service of this order, Plaintiff shall submit the g || attached application to proceed in forma pauperis, completed and signed, or in the alternative, pay g | the $405.00 filing fee for this action. No requests for extension will be granted without a 10 showing of good cause. Failure to comply with this order will result in dismissal of this ll action. 12 | ITIS SO ORDERED. 13 Dated: _ December 4, 2024 | wv Vv ED 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Free access — add to your briefcase to read the full text and ask questions with AI

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ROY RUSS, 1:24-cv-01466-CDB (PC)

10 Plaintiff, ORDER TO SUBMIT APPLICATION 11 v. TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE WITHIN 45 DAYS 12 BRANDON PRICE, et al. 13 Defendants. 14

15 Plaintiff Roy Russ is a civil detainee proceeding pro se in a civil rights action pursuant to 16 42 U.S.C. § 1983. Plaintiff did not pay the $405.00 filing fee or submit an application to proceed 17 in forma pauperis pursuant to 28 U.S.C. § 1915. Instead, Plaintiff filed a motion for leave to 18 proceed in forma pauperis (“IFP”) on December 3, 2024. (Doc. 2). Therein, Plaintiff avers that 19 he is not a prisoner within the definition of 28 U.S.C. § 1915(h) as the “sole purpose for 20 [Plaintiff’s] custody is civil detention during a pending mental health screening.” (Id. at 1). 21 Plaintiff contends that he is not subject to the financial reporting and exhaustion requirements of 22 the Prison Litigation Reform Act (“PLRA”). (Id. at 2); see Page v. Torrey, 201 F.3d 1136 (9th 23 Cir. 2000) (holding that civil detainee was not subject to financial reporting and exhaustion 24 requirements of PLRA). Thus, Plaintiff moves this Court for leave to proceed in forma pauperis. 25 (Id.). 26 27 Remainder of This Page Intentionally Left Blank 28 1 While Plaintiff may not be subject to the PLRA’s requirements that a prisoner-plaintiff 2 | exhaust administrative remedies and provide copies of prisoner trust fund account statements in 3 | support of any IFP application, he must comply with the requirement under 28 U.S.C. § 1915 and 4 | Local Rule 121 to submit a financial affidavit in support of his request to proceed without 5 || prepayment of filing fees. 6 Accordingly, IT IS HEREBY ORDERED that: 7 Within forty-five (45) days of the date of service of this order, Plaintiff shall submit the g || attached application to proceed in forma pauperis, completed and signed, or in the alternative, pay g | the $405.00 filing fee for this action. No requests for extension will be granted without a 10 showing of good cause. Failure to comply with this order will result in dismissal of this ll action. 12 | ITIS SO ORDERED. 13 Dated: _ December 4, 2024 | wv Vv ED 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Cite This Page — Counsel Stack

Bluebook (online)

(PC) Russ v. Price, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pc-russ-v-price-caed-2024.

Opinion

Related

Cite This Page — Counsel Stack