(PC)Kauth v. Tulare County Sheriff Department

E.D. California

(PC)Kauth v. Tulare County Sheriff Department

DecidedFebruary 26, 2025

Docket1:23-cv-01733

StatusUnknown

This text of (PC)Kauth v. Tulare County Sheriff Department ((PC)Kauth v. Tulare County Sheriff Department) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(PC)Kauth v. Tulare County Sheriff Department, (E.D. Cal. 2025).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH VINCENT KAUTH, No. 1:23-cv-01733 GSA (PC) 12 Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE NON-PRISONER APPLICATION TO 13 v. PROCEED IN FORMA PAUPERIS 14 TULARE COUNTY SHERIFF PLAINTIFF’S NON-PRISONER DEPARTMENT, et al., APPLICATION TO PROCEED IN FORMA 15 PAUPERIS DUE IN TWENTY-ONE DAYS Defendants. 16

17 Plaintiff, a former county jail inmate proceeding pro se and in forma pauperis, has filed 18 this 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 February 12, 2025, a notice of change of address filed by Plaintiff was docketed. ECF 21 No. 22. The address Plaintiff has provided in the notice appears to be a residential one. See id. 22 An individual released from incarceration must be allowed to apply to proceed under 23 general in forma pauperis provisions of 28 U.S.C. § 1915(a)(1). See DeBlasio v. Gilmore, 315 24 F.3d 396, 399 (4th Cir. 2003); see also Webb v. Lambert, No. CV 12-00041-H-DLC, 2012 WL 25 5931889, at *1 (D. Mont. Aug. 29, 2012) (citing DeBlasio). That person may proceed in forma 26 pauperis upon satisfying the poverty provisions applicable to non-prisoners. McGann v. Comm’r, 27 Soc. Sec. Admin., 96 F.3d 29, 30 (2d Cir. 1996). 28 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of Court shall send Plaintiff a copy of the Court’s application to proceed in 3 forma pauperis for non-prisoners, and 4 2. Within twenty-one days from the date of this order, Plaintiff must COMPLETE AND 5 FILE the non-prisoner in forma pauperis application in this Court. 6 IT IS SO ORDERED. 7

8 Dated: February 26, 2025 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 9

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSEPH VINCENT KAUTH, No. 1:23-cv-01733 GSA (PC) 12 Plaintiff, ORDER DIRECTING PLAINTIFF TO FILE NON-PRISONER APPLICATION TO 13 v. PROCEED IN FORMA PAUPERIS 14 TULARE COUNTY SHERIFF PLAINTIFF’S NON-PRISONER DEPARTMENT, et al., APPLICATION TO PROCEED IN FORMA 15 PAUPERIS DUE IN TWENTY-ONE DAYS Defendants. 16

17 Plaintiff, a former county jail inmate proceeding pro se and in forma pauperis, has filed 18 this 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 February 12, 2025, a notice of change of address filed by Plaintiff was docketed. ECF 21 No. 22. The address Plaintiff has provided in the notice appears to be a residential one. See id. 22 An individual released from incarceration must be allowed to apply to proceed under 23 general in forma pauperis provisions of 28 U.S.C. § 1915(a)(1). See DeBlasio v. Gilmore, 315 24 F.3d 396, 399 (4th Cir. 2003); see also Webb v. Lambert, No. CV 12-00041-H-DLC, 2012 WL 25 5931889, at *1 (D. Mont. Aug. 29, 2012) (citing DeBlasio). That person may proceed in forma 26 pauperis upon satisfying the poverty provisions applicable to non-prisoners. McGann v. Comm’r, 27 Soc. Sec. Admin., 96 F.3d 29, 30 (2d Cir. 1996). 28 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of Court shall send Plaintiff a copy of the Court’s application to proceed in 3 forma pauperis for non-prisoners, and 4 2. Within twenty-one days from the date of this order, Plaintiff must COMPLETE AND 5 FILE the non-prisoner in forma pauperis application in this Court. 6 IT IS SO ORDERED. 7

8 Dated: February 26, 2025 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 9

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