(PC)Kauth v. Tulare County Sheriff Department

Opinion

JOSEPH VINCENT KAUTH, No. 1:23-cv-01733 GSA (PC) Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE NON-PRISONER APPLICATION TO v. PROCEED IN FORMA PAUPERIS TULARE COUNTY SHERIFF PLAINTIFF’S NON-PRISONER DEPARTMENT, et al., APPLICATION TO PROCEED IN FORMA PAUPERIS DUE IN TWENTY-ONE DAYS Defendants.

Plaintiff, a former county jail inmate proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 12, 2025, a notice of change of address filed by Plaintiff was docketed. ECF No. 22. The address Plaintiff has provided in the notice appears to be a residential one. See id. An individual released from incarceration must be allowed to apply to proceed under general in forma pauperis provisions of 28 U.S.C. § 1915(a)(1). See DeBlasio v. Gilmore, 315 F.3d 396, 399 (4th Cir. 2003); see also Webb v. Lambert, No. CV 12-00041-H-DLC, 2012 WL 5931889, at *1 (D. Mont. Aug. 29, 2012) (citing DeBlasio). That person may proceed in forma pauperis upon satisfying the poverty provisions applicable to non-prisoners. McGann v. Comm’r, Soc. Sec. Admin., 96 F.3d 29, 30 (2d Cir. 1996). Accordingly, IT IS HEREBY ORDERED that: 1. The Clerk of Court shall send Plaintiff a copy of the Court’s application to proceed in forma pauperis for non-prisoners, and 2. Within twenty-one days from the date of this order, Plaintiff must COMPLETE AND FILE the non-prisoner in forma pauperis application in this Court. IT IS SO ORDERED.

Dated: February 26, 2025 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE