(PC) Allen v. Bentacourt

• Court: District Court, E.D. California
• Decided: January 24, 2024
• Docket: 1:18-cv-01187
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEVIN ALLEN, No. 1:18-cv-01187 JLT GSA (PC) 12 Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE IN FORMA PAUPERIS APPLICATION FOR 13 v. NON-PRISONER 14 V. BETANCOURT, et al., NON-PRISONER IN FORMA PAUPERIS APPLICATION DUE FEBRUARY 23, 2024 15 Defendants. ORDER GRANTING PLAINTIFF’S 16 REQUEST FOR EXTENSION OF TIME TO COMPLETE DISCOVERY 17 (ECF No. 65) 18 DISCOVERY DEADLINE EXTENDED TO 19 APRIL 24, 2024 20 DISPOSITIVE MOTION DEADLINE EXTENDED TO JUNE 20, 2024 21

23 Plaintiff, a former state prisoner proceeding pro se and in forma pauperis, has filed this 24 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 25 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 26 Plaintiff has filed a notice of change of address which indicates that he is no longer 27 incarcerated. ECF No. 64. Plaintiff has also filed a motion requesting a sixty-day extension of 28 1 the current discovery deadline, which is Feb. 21, 2024. ECF No. 65. For the reasons stated 2 below, Plaintiff will be ordered to file an in forma pauperis application for a non-prisoner. In 3 addition, Plaintiff’s motion to extend the discovery deadline will be granted, the Court will also 4 extend the due date for the parties to file dispositive motions. 5 I. IN FORMA PAUPERIS APPLICATION FOR NON-PRISONER 6 While he was incarcerated, Plaintiff submitted a declaration that makes the showing 7 required by 28 U.S.C. § 1915(a). See ECF No. 5. However, Plaintiff’s change of address 8 docketed on January 2, 2024, indicates that Plaintiff is no longer incarcerated. See ECF No. 64. 9 “A released prisoner may litigate without further prepayment of fees upon satisfying the 10 poverty affidavit requirement applicable to all non-prisoners.” McGann v. Comm’r, Soc. Sec. 11 Admin., 96 F.3d 28, 30 (2d Cir. 1996); Adler v. Gonzalez, No. 1:11-cv-1915 LJO, 2015 WL 12 4041771, at *2 (E.D. Cal. July 1, 2015), report and recommendation adopted, No. 1:11-cv-1915 13 LJO MJS, 2015 WL 4668668 (E.D. Cal. Aug. 6, 2015) (stating released prisoner must submit 14 updated IFP application in order to proceed in forma pauperis under Section 1915(a)(1)). If 15 Plaintiff still wishes to proceed in forma pauperis, he must submit an updated application under 16 Section 1915(a)(1). See DeBlasio v. Gilmore, 315 F.3d 396, 398 (4th Cir. 2003). Accordingly, 17 Plaintiff will be ordered to complete and file an in forma pauperis application for a non-prisoner 18 and be given thirty days to do so. 19 II. MOTION TO EXTEND DISCOVERY DEADLINE1 20 Currently, the discovery deadline is February 21, 2024. See ECF No. 61 at 1, 4 (discovery 21 and scheduling order). In support of Plaintiff’s motion to extend that date, Plaintiff states that 22 when he received the Court’s discovery and scheduling order, he was housed at a county jail, and 23 he was not able to adequately access legal books and case law to draft and send his 24 interrogatories. See ECF No. 65 at 2. The county jail law library, he contends, was inadequate. 25 Id. In addition, Plaintiff states that although he was released from the county jail in December 26

27 1 In Plaintiff’s motion for an extension of time, he also asks the Court to send him samples of interrogatories and requests for production of documents. ECF No. 65 at 3. The Court is unable 28 to accommodate this request. 1 2023, as of January 10, 2024, he has yet to receive his property from Kern Valley State Prison. 2 See generally ECF No. 65 at 3-4. (Plaintiff’s motion stating same and signature date of motion). 3 Good cause appearing, Plaintiff’s request for a sixty-day extension of the discovery 4 deadline will be granted. In addition, because an extension of the discovery deadline will affect 5 the dispositive motion deadline, which is currently calendared for April 21, 2024 (see ECF No. 61 6 at 1), the Court will also extend that deadline by sixty days as well. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Clerk of Court shall send Plaintiff a copy of the Court’s application to proceed in 9 forma pauperis for a non-prisoner; 10 2. Within thirty days from the date of this order – February 23, 2024, – Plaintiff must 11 complete and file the application to proceed in forma pauperis by a non-prisoner; 12 3. Plaintiff’s motion for a sixty-day extension of time to complete discovery (ECF No. 13 65) is GRANTED; 14 4. The discovery deadline date is EXTENDED to April 24, 2024, and 15 5. The dispositive motion deadline date is EXTENDED to June 20, 2024. 16 17 IT IS SO ORDERED. 18

19 Dated: January 23, 2024 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 20

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