(PC) Muldrew v. Marroquin

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER MULDREW, No. 1:22-cv-01041 KES GSA (PC) 12 Plaintiff, ORDER DIRECTING PLAINTIFF TO COMPLETE IN FORMA PAUPERIS 13 v. APPLICATION FOR A NONPRISONER 14 O. MARROQUIN, et al., PLAINTIFF’S IN FORMA PAUPERIS APPLICATION FOR A NONPRISONER DUE 15 Defendants. IN SEVEN 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 July 29, 2024, Plaintiff filed a notice of change of address. ECF No. 12. The updated 21 address Plaintiff has provided appears to be a private one, likely indicating that he is no longer 22 incarcerated.1 See id. at 1. 23 Upon release from prison, a former inmate must be allowed to apply to proceed under 24 general in forma pauperis provisions of 28 U.S.C. § 1915(a)(1). See DeBlasio v. Gilmore, 315 25 F.3d 396, 399 (4th Cir. 2003); In re Prison Litigation Reform Act, 105 F.3d 1131, 1139 (6th Cir. 26 1997) (upon release, obligation to pay remainder of fees to be determined solely on question of 27

28 1 If the Court is incorrect and Plaintiff is still incarcerated, he must inform the Court. 1 whether individual qualifies for pauper status). A released prisoner may proceed in forma 2 pauperis upon satisfying the poverty provisions applicable to non-prisoners. McGann v. 3 Comm’r, Soc. Sec. Admin., 96 F.3d 29, 30 (2d Cir. 1996). 4 For these reasons, Plaintiff will be ordered to complete and file an application to proceed 5 in forma pauperis by a non-prisoner. Plaintiff will be given seven days to do so. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The Clerk of Court shall send Plaintiff a copy of the Court’s application to proceed in 8 forma pauperis for a non-prisoner, and 9 2. Within seven days from the date of this order, Plaintiff shall complete and file the non- 10 prisoner in forma pauperis application with the Court. 11 12 IT IS SO ORDERED. 13

14 Dated: June 27, 2025 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 15

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