(PC) Gilley v. Fisher

• Court: District Court, E.D. California
• Decided: March 11, 2025
• Docket: 1:21-cv-00468
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JACK F. GILLEY, No. 1:21-cv-00468 GSA (PC) 12 Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE NON-PRISONER IN FORMA PAUPERIS 13 v. APPLICATION 14 FISHER, PLAINTIFF’S NON-PRISONER IN FORMA PAUPERIS APPLICATION DUE IN 15 Defendant. TWENTY-ONE DAYS 16 17 Plaintiff, a former state prisoner proceeding pro se and in forma pauperis, has filed this 18 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 8, 2023, a notice of change of address filed by Plaintiff was docketed. ECF 21 No. 12. The address Plaintiff has provided in the notice appears to be a residential one. See id. 22 An individual released from incarceration must be allowed to apply to proceed under 23 general in forma pauperis provisions of 28 U.S.C. § 1915(a)(1). See DeBlasio v. Gilmore, 315 24 F.3d 396, 399 (4th Cir. 2003); see also Webb v. Lambert, No. CV 12-00041-H-DLC, 2012 WL 25 5931889, at *1 (D. Mont. Aug. 29, 2012) (citing DeBlasio). That person may proceed in forma 26 pauperis upon satisfying the poverty provisions applicable to non-prisoners. McGann v. Comm’r, 27 Soc. Sec. Admin., 96 F.3d 29, 30 (2d Cir. 1996). 28 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of Court shall send Plaintiff a copy of the Court’s application to proceed in 3 forma pauperis for non-prisoners, and 4 2. Within twenty-one days from the date of this order, Plaintiff must COMPLETE AND 5 FILE the non-prisoner in forma pauperis application in this Court. 6 7 IT IS SO ORDERED. 8

9 Dated: March 11, 2025 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 10

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