Montgomery v. State of Nevada

Opinion

3 BOBBY LEE MONTGOMERY, Case No. 2:20-cv-01061-KJD-VCF

4 Plaintiff ORDER

5 v.

6 STATE OF NEVADA et al.,

7 Defendants

8 10 Pro se Plaintiff Bobby Lee Montgomery, a former inmate of the Clark County 11 Detention Center, brings this civil-rights action under 42 U.S.C. § 1983. (ECF No. 1). 12 Plaintiff is no longer incarcerated and has paid the $400 filing fee for a civil action. (ECF 13 No. 1-1). In light of Plaintiff’s non-incarceration and payment of the filing fee, the Court is 14 no longer required to screen this case. See generally 28 U.S.C. § 1915A (the plaintiff is 15 no longer a prisoner within the meaning of the statute); see Olivas v. Nevada ex rel. Dep’t 16 of Corr., 856 F.3d 1281, 1282 (9th Cir. 2017) (holding that “28 U.S.C. § 1915A applies 17 only to claims brought by individuals incarcerated at the time they file their complaints”); 18 see Lopez v. Smith, 203 F.3d 1122, 1126, 1129 (9th Cir. 2000) (recognizing that 19 screening under 28 U.S.C. § 1915(e) applies to actions filed in forma pauperis whether 20 or not the plaintiff is incarcerated). This case will now proceed onto the normal litigation 21 track. 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// IL CONCLUSION 2 For the foregoing reasons, it is ordered that this case will proceed on the normal 3 | litigation track. 4 It is further ordered that Plaintiff must perfect service within ninety (90) days from 5 | the date of this order pursuant to Fed. R. Civ. P. 4(m). 6 7 DATED THIS 28 day of September 2020. ™ Lo 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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