Litmon v. Jon Demorales

Full title: David LITMON, Jr., Plaintiff-Appellant, v. Jon DEMORALES; et al.…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 25, 2002

31 F. App'x 454 (9th Cir. 2002)

Opinion

31 Fed.Appx. 454 (9th Cir. 2002) David LITMON, Jr., Plaintiff-Appellant, v. Jon DEMORALES; et al., Defendants--Appellees. No. 01-56387. D.C. No. CV-01-05468-TJH. United States Court of Appeals, Ninth Circuit. February 25, 2002

Submitted February 11, 2002. ^*

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California, Terry J. Hatter, District Judge, Presiding.

Before B. FLETCHER, T.G. NELSON, and RICHARD C. TALLMAN, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

David Litmon, Jr. appeals pro se the district court's order denying his motion to proceed in his 42 U.S.C. § 1983 action without prepayment of filing fees. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review for abuse of discretion denial of a motion to proceed without prepayment of a filing fee. Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir.2001). We reverse and remand.

Litmon's complaint alleges that he is civilly committed pursuant to Cal. Welf. & Inst.Code § 6604. The district court, therefore, abused its discretion by denying Litmon permission to proceed without prepayment of a filing fee based on his failure to exhaust administrative remedies. See Page v. Torrey, 201 F.3d 1136, 1140 (9th Cir.2000) (holding that civilly committed people are not prisoners bound by the exhaustion requirements of the Prison Litigation and Reform Act, 42 U.S.C. § 1997e(a)).

REVERSED AND REMANDED.