(PC) Joyce v. Patel

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL WAYNE JOYCE, No. 1:24-cv-00422 GSA (PC) 12 Plaintiff, ORDER DIRECTING PLAINTIFF TO COMPLETE IN FORMA PAUPERIS 13 v. APPLICATION FOR A NONPRISONER 14 ISMAIL PATEL, PLAINTIFF’S IN FORMA PAUPERIS APPLICATION FOR A NONPRISONER DUE 15 Defendant. IN THIRTY DAYS 16 17 18 Plaintiff, a former state prisoner proceeding pro se and in forma pauperis, has filed this 19 civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On December 16, 2024, Plaintiff filed a notice of change of address with the Court. ECF 22 No. 9. The address appears to be a private one, likely indicating that Plaintiff is no longer 23 incarcerated.1 24 Upon release from prison, a former inmate must be allowed to apply to proceed under 25 general in forma pauperis provisions of 28 U.S.C. § 1915(a)(1). See DeBlasio v. Gilmore, 315 26 F.3d 396, 399 (4th Cir. 2003); In re Prison Litigation Reform Act, 105 F.3d 1131, 1139 (6th Cir. 27 1 If the Court is incorrect, and Plaintiff is still, in fact, incarcerated, he must inform the Court 28 immediately. 1 1997) (upon release, obligation to pay remainder of fees to be determined solely on question of 2 whether individual qualifies for pauper status). A released prisoner may proceed in forma 3 pauperis upon satisfying the poverty provisions applicable to non-prisoners. McGann v. 4 Comm’r, Soc. Sec. Admin., 96 F.3d 29, 30 (2d Cir. 1996). 5 For these reasons, Plaintiff will be ordered to complete and file an application to proceed 6 in forma pauperis by a non-prisoner. Plaintiff will be given thirty days to do so. 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, and 10 2. Within thirty days from the date of this order, Plaintiff shall complete and file the non- 11 prisoner in forma pauperis application with the Court. 12 13 IT IS SO ORDERED. 14

15 Dated: February 5, 2025 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 16

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