Benton v. El Dorado County Sheriff's Department et al

Filing 16

ORDER signed by Magistrate Judge Allison Claire on 11/08/17 ORDERING within 21 days after the filing date of this order, plaintiff shall complete and file the attached application to proceed in forma pauperis used by non-prisoners in this district. The clerk of court is directed to send plaintiff a blank application to proceed in forma pauperis used by non-prisoners in this district. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRUCE BENTON,

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Plaintiff,

No. 2:15-cv-0772 AC P

v.
EL DORADO COUNTY SHERIFF’S
DEPARTMENT, et al.,

ORDER

Defendants.
Plaintiff commenced this action while incarcerated in the El Dorado County Jail. By

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order filed September 25, 2017, this court directed plaintiff to complete and return a new

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application to proceed in forma pauperis, and to inform the court whether he wishes to proceed on

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his First Amended Complaint (FAC), as construed by the court, or a proposed Second Amended

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Complaint. See ECF No. 13. On November 3, 2017, plaintiff submitted a new application to

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proceed in forma pauperis on the form used by prisoners, and informed the court that he will

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proceed on his FAC. See ECF Nos. 14, 15. Plaintiff also informed the court that he is no longer

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in custody. See ECF No. 15 at 1.

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Because plaintiff is no longer in custody, he must complete and submit a non-prisoner

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application to proceed in forma pauperis on the form provided herewith. See e.g. Adler v.

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Gonzalez, 2015 WL 4041772, at *1, 2015 U.S. Dist. LEXIS 85909 (E.D. Cal. July 1, 2015),

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report and recommendation adopted, 2015 WL 4668668, 2015 U.S. Dist. LEXIS 103386 (E.D.
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Cal. Aug. 6, 2015) (Case No. 1:11-CV-1915 LJO MJS), and cases cited therein.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within twenty-one days after the filing date of this order, plaintiff shall complete and

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file the attached application to proceed forma pauperis used by non-prisoners in this district;

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failure to timely submit the completed application will result in the dismissal of this action

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without prejudice; and

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2. The Clerk of Court is directed to send plaintiff a blank application to proceed forma

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pauperis used by non-prisoners in this district.

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DATED: November 8, 2017

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