(PC) Howard v. Rios

Opinion

1 2 3 4 5 6 7 10 11 No. 1:24-cv-00447 GSA (PC) KARLIS RUBEN AUGUSTUS HOWARD, 12 ORDER GRANTING PLAINTIFF’S NON- Plaintiff, PRISONER APPLICATION TO PROCEED IN 14 v. (ECF No. 16) 15 JIMENEZ, et al., ORDER DENYING PLAINTIFF’S MOTION TO STAY PROCEEDINGS PENDING HIS 16 Defendants. RELEASE FROM PRISON (ECF No. 11) 17 18 Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights action 19 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 Before this Court are Plaintiff’s motion to stay these proceedings pending Plaintiff’s 22 release from prison, and Plaintiff’s non-prisoner application to proceed in forma pauperis. See 23 ECF Nos. 11, 16 (respectively). For the reasons stated below, Plaintiff’s non-prisoner application 24 to proceed in forma pauperis will be granted. However, his request for a stay of these 25 proceedings will be disregarded as improperly filed. 26 28 On October 31, 2024, a motion filed by Plaintiff requesting a stay of these proceedings 1 pending his release from prison was docketed. ECF No. 11. The motion remains pending. 2 On February 4, 2025, Plaintiff filed a notice of change of address with the Court. ECF 3 No. 14. The new address in the notice indicates that Plaintiff is likely no longer incarcerated. See 4 generally id. As a result, on February 5, 2025, the Court ordered Plaintiff to file a non-prisoner 5 application to proceed in forma pauperis. ECF No. 15. On February 12, 2025, the non-prisoner 6 application was docketed. ECF No. 16. 8 A review of Plaintiff’s non-prisoner in forma pauperis application indicates that Plaintiff 9 has made the showing required by 28 U.S.C. § 1915(a). Therefore, his non-prisoner in forma 10 pauperis request will granted. See McGann v. Comm’r, Soc. Sec. Admin., 96 F.3d 29, 30 (2d Cir. 11 1996). Based on this fact, and more importantly, the fact that courts do not stay proceedings 12 pending a prisoner’s release from prison, Plaintiff’s motion will be denied. 13 Accordingly, IT IS HEREBY ORDERED that: 14 1. Plaintiff’s non-prisoner application to proceed in forma pauperis (ECF No. 16) is 15 GRANTED, and 16 2. Plaintiff’s motion to stay these proceedings pending his release from state prison (ECF 17 No. 11) is DENIED. 18 19 IT IS SO ORDERED. 20

21 Dated: February 18, 2025 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 22

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