Johnson v. The City of Santa Rosa et al

Filing 13

ORDER VACATING 11 ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS AND DIRECTING PLAINTIFF TO FILE COMPLETED NON-PRISONER IN FORMA PAUPERIS. Signed by Judge Claudia Wilken on 12/3/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 12/3/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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PAUL SAMUEL JOHNSON,

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Plaintiff,
v.

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THE CITY OF SANTA ROSA, et al.,

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Defendants.

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Case No.: 12-01409 CW (PR)
ORDER VACATING ORDER GRANTING
LEAVE TO PROCEED IN FORMA
PAUPERIS AND DIRECTING
PLAINTIFF TO FILE COMPLETED
NON-PRISONER IN FORMA PAUPERIS
APPLICATION
(Docket no. 11)

United States District Court
For the Northern District of California

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Plaintiff filed the present pro se civil rights action and
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application seeking leave to proceed in forma pauperis (IFP) when
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he was incarcerated at the California State Prison - Solano.

On

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November 29, 2012, the Court dismissed the complaint with leave to
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amend and granted Plaintiff leave to proceed IFP.

Docket nos. 11

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& 12.
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In so doing, the Court did not take into account the fact
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that Plaintiff no longer is incarcerated.

Ordinarily, a plaintiff

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is permitted to file a civil action in federal court without
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prepayment of fees or security if he alleges in an affidavit that
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he is unable to pay such fees or give security therefor.

See 28

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U.S.C. § 1915(a).

But, if the plaintiff is a prisoner who alleges

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that he is unable to pay the full filing fee at the time of
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filing, he will be required to pay the full amount of the filing
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fee even if he is granted IFP status.

See 28 U.S.C. § 1915(b)(1).

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This is done by way of an “installment plan,” whereby the court
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will assess an initial payment, and the prisoner will be required
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thereafter to make monthly payments of twenty percent of the

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preceding month’s income credited to his prison trust account.

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See id.

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If a prisoner is released, however, the court will be unable

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to collect the funds from his prisoner trust account as required

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under 28 U.S.C. § 1915(b).

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been released from custody, he now must apply to proceed IFP under

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the general provisions of 28 U.S.C. § 1915(a)(1).

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Consequently, because Plaintiff has

Accordingly, the Court orders as follows: The order granting

United States District Court
For the Northern District of California

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Plaintiff leave to proceed IFP is hereby VACATED.

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fourteen days from the date of this Order, Plaintiff either shall

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(1) pay the $350.00 filing fee in this action, or (2) file a

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completed non-prisoner IFP application.

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comply with this Order, the case will be dismissed without

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prejudice.

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No later than

If Plaintiff fails to

The Clerk of the Court shall provide Plaintiff with a nonprisoner IFP application.
It is Plaintiff’s responsibility to prosecute this case.

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must keep the Court informed of any change of address and must

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comply with the Court’s orders in a timely fashion.

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so may result in the dismissal of this action for failure to

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prosecute pursuant to Rule 41(b) of the Federal Rules of Civil

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He

Procedure.

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Failure to do

IT IS SO ORDERED.
Dated: 12/3/2012
________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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