(PC) Ray v. Hasem

• Court: District Court, E.D. California
• Decided: September 3, 2021
• Docket: 2:21-cv-00072
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTHONY D. RAY, No. 2:21-cv-0072 AC P 12 Plaintiff, 13 v. ORDER 14 O. HASEM, et al., 15 Defendants. 16 17 Plaintiff is a former state prisoner proceeding pro se. He seeks relief pursuant to 42 18 U.S.C. § 1983. The proceeding was referred to this court by Local Rule 302 pursuant to 28 19 U.S.C. § 636(b)(1). Before the court are plaintiff’s motion for a forty-five-day extension of time 20 to file an in forma pauperis application, ECF No. 9, and a motion to proceed in forma pauperis, 21 ECF No. 10. 22 Approximately six weeks after filing his in forma pauperis application, plaintiff filed 23 a notice of change of address. ECF No. 11. It appears from the notice that plaintiff is no longer 24 incarcerated. Upon release from prison, a former inmate must be allowed to apply to proceed 25 under general in forma pauperis provisions of 28 U.S.C. § 1915(a)(1). See DeBlasio v. Gilmore, 26 315 F.3d 396, 399 (4th Cir. 2003); see also Webb v. Lambert, No. CV 12-00041-H-DLC, 2012 27 WL 5931889, at *1 (D. Mont. Aug. 29, 2012) (citing DeBlasio). A released prisoner may 28 proceed in forma pauperis upon satisfying the poverty provisions applicable to non-prisoners. 1 | McGann v. Comm’r, Soc. Sec. Admin., 96 F.3d 29, 30 (2d Cir. 1996). 2 Plaintiff's indigent status while incarcerated, which is documented in his IFP application, 3 || isno longer relevant. The court must evaluate plaintiffs in forma pauperis status as a non- 4 || prisoner. The pending in forma pauperis application will therefore be denied and plaintiff will be 5 || directed to file an in forma pauperis application for non-prisoners. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiffs request for an extension of time, ECF No. 9, is DENIED as moot; 8 2. Plaintiff's motion to proceed in forma pauperis, ECF No. 10, is DENIED without 9 || prejudice to an application to proceed in forma pauperis by a non-prisoner; 10 3. The Clerk of Court shall send plaintiff a copy of the court’s application to proceed in 11 | forma pauperis for non-prisoners, and 12 4. Within thirty days of the date of this order, plaintiff must complete and file the non- 13 || prisoner in forma pauperis application in this court. 14 || DATED: September 3, 2021 ~ 15 thin Chane ALLISON CLAIRE 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28