Bodnar v. Clendenin

Summary

The United States District Court for the Eastern District of California orders civil detainee Thomas Bodnar to submit a non-prisoner application to proceed in forma pauperis or pay the $405 filing fee. The order gives him thirty days to comply and warns that failure to do so will result in dismissal.

Holdings

1. Individuals detained under California Welfare and Institutions Code § 6600 et seq. are civil detainees and are not prisoners within the meaning of the Prison Litigation Reform Act.
2. Plaintiff must submit a completed and signed non-prisoner application to proceed in forma pauperis or pay the $405.00 filing fee within thirty days of service of the order.

Questions Presented

1. Whether a civil detainee proceeding under 42 U.S.C. § 1983 must use the non-prisoner application to proceed in forma pauperis rather than a prisoner application.
2. Whether plaintiff must submit the appropriate application or pay the $405.00 filing fee within thirty days.

Disposition

other