(PC)Fletcher v. Clendenin

Opinion

ALLAN FLETCHER, Case No. 1:22-cv-00249-BAM (PC) Plaintiff, ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS BY A PRISONER AS v. MOOT (ECF No. 2) CLENDENIN, et al., ORDER GRANTING MOTION TO Defendants. PROCEED IN FORMA PAUPERIS BY A NON-PRISONER (ECF No. 6) Plaintiff Allan Fletcher (“Plaintiff”) is a civil detainee appearing pro se in this civil rights action pursuant to 42 U.S.C. § 1983. 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). Plaintiff initiated this action on February 28, 2022, together with a motion to proceed in forma pauperis by a prisoner. (ECF Nos. 1, 2.) On March 2, 2022, the Court issued an order for Plaintiff to submit an application to proceed in forma pauperis for a non-prisoner, or to pay the filing fee for this action. (ECF No. 4.) Currently before the Court is Plaintiff’s motion for leave to proceed in forma pauperis by a non-prisoner, filed March 14, 2022. (ECF No. 6.) Examination of these documents reveals that Plaintiff is unable to afford the costs of this action. Accordingly, IT IS HEREBY ORDERED as follows: 1. Plaintiff’s motion to proceed in forma pauperis by a prisoner, (ECF No. 2), is DENIED as moot; 2. Plaintiff’s motion to proceed in forma pauperis by a non-prisoner, (ECF No. 6), is GRANTED; and 3. Plaintiff’s complaint will be screened in due course. IT IS SO ORDERED.

Dated: March 15, 2022 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE