Wells v. Wallace

Summary

The United States District Court for the Eastern District of California grants Marlin Wells’s motion to proceed in forma pauperis in a civil rights action under 42 U.S.C. § 1983. The court finds that Wells, a civil detainee appearing pro se, is unable to afford the costs of the action and is not a prisoner under the Prison Litigation Reform Act.

Holdings

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.
2. Plaintiff's motion to proceed in forma pauperis was granted because the court determined that he was unable to afford the costs of the action.

Questions Presented

1. Whether Plaintiff, a civil detainee, may proceed in forma pauperis after the court determines that he cannot afford the costs of the action.
2. Whether civil detainees detained under California Welfare and Institutions Code § 6600 et seq. are prisoners within the meaning of the Prison Litigation Reform Act.

Disposition

other