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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRUCE BENTON, 12 13 14 15 16 17 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 18 order filed September 25, 2017, this court directed plaintiff to complete and return a new 19 application to proceed in forma pauperis, and to inform the court whether he wishes to proceed on 20 his First Amended Complaint (FAC), as construed by the court, or a proposed Second Amended 21 Complaint. See ECF No. 13. On November 3, 2017, plaintiff submitted a new application to 22 proceed in forma pauperis on the form used by prisoners, and informed the court that he will 23 proceed on his FAC. See ECF Nos. 14, 15. Plaintiff also informed the court that he is no longer 24 in custody. See ECF No. 15 at 1. 25 Because plaintiff is no longer in custody, he must complete and submit a non-prisoner 26 application to proceed in forma pauperis on the form provided herewith. See e.g. Adler v. 27 Gonzalez, 2015 WL 4041772, at *1, 2015 U.S. Dist. LEXIS 85909 (E.D. Cal. July 1, 2015), 28 report and recommendation adopted, 2015 WL 4668668, 2015 U.S. Dist. LEXIS 103386 (E.D. 1 1 Cal. Aug. 6, 2015) (Case No. 1:11-CV-1915 LJO MJS), and cases cited therein. 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Within twenty-one days after the filing date of this order, plaintiff shall complete and 4 file the attached application to proceed forma pauperis used by non-prisoners in this district; 5 failure to timely submit the completed application will result in the dismissal of this action 6 without prejudice; and 7 2. The Clerk of Court is directed to send plaintiff a blank application to proceed forma 8 pauperis used by non-prisoners in this district. 9 DATED: November 8, 2017 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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