(PC) Gilley v. Fisher

Filing 13

ORDER DIRECTING Plaintiff to File Non-Prisoner In Forma Pauperis Application, signed by Magistrate Judge Gary S. Austin on 3/11/2025. Twenty-One day deadline. (Attachments: # 1 IFP Application Non-Prisoner) (Deputy Clerk CRM)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JACK F. GILLEY,

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Plaintiff,

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v.

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FISHER,

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Defendant.

No. 1:21-cv-00468 GSA (PC)
ORDER DIRECTING PLAINTIFF TO FILE
NON-PRISONER IN FORMA PAUPERIS
APPLICATION
PLAINTIFF’S NON-PRISONER IN FORMA
PAUPERIS APPLICATION DUE IN
TWENTY-ONE DAYS

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Plaintiff, a former state prisoner proceeding pro se and in forma pauperis, has filed this

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civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United

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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On August 8, 2023, a notice of change of address filed by Plaintiff was docketed. ECF

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No. 12. The address Plaintiff has provided in the notice appears to be a residential one. See id.

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An individual released from incarceration must be allowed to apply to proceed under

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general in forma pauperis provisions of 28 U.S.C. § 1915(a)(1). See DeBlasio v. Gilmore, 315

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F.3d 396, 399 (4th Cir. 2003); see also Webb v. Lambert, No. CV 12-00041-H-DLC, 2012 WL

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5931889, at *1 (D. Mont. Aug. 29, 2012) (citing DeBlasio). That person may proceed in forma

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pauperis upon satisfying the poverty provisions applicable to non-prisoners. McGann v. Comm’r,

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Soc. Sec. Admin., 96 F.3d 29, 30 (2d Cir. 1996).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court shall send Plaintiff a copy of the Court’s application to proceed in

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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.

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IT IS SO ORDERED.
Dated:

March 11, 2025

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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