Kislyak v. York County Sheriff's Department
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 6 ) is provisionally granted. Plaintiff is not required to pay the filing fee in this matter. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party) (Copies mailed as directed) (TEL) Modified on 9/21/2011 to correct filing date. (TEL)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
YORK COUNTY SHERIFF’S
CASE NO. 4:11CV3100
This matter is before the court on Plaintiff’s Motion for Leave to Proceed in Forma
Pauperis (“IFP”). (Filing No. 6.) Upon review of the record in this case, the court finds that
Plaintiff is financially eligible to proceed IFP, and the court will presume that Plaintiff is not
a prisoner for the purposes of the Prison Litigation Reform Act (“PLRA”).
The term “prisoner” under the PLRA “means any person incarcerated or detained
in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law or the terms and conditions of parole, probation, pretrial release,
or diversionary program.” Kolocotronis v. Morgan, 247 F.3d 726, 728 (8th Cir. 2001) (citing
28 U.S.C. § 1915(h)). A person involuntarily committed as a mental patient, and not as a
result of a criminal conviction, is not a “prisoner” for the purposes of the PLRA. Id.; see
also Jackson v. Johnson, 475 F.3d 261, 266 (5th Cir. 2007); Willis v. Smith, No. C04-4012MWB, 2005 WL 550528, *9 (N.D. Iowa 2005).
The record does not disclose whether Plaintiff’s current commitment to the Lincoln
Regional Center arises from any criminal conviction.
However, to facilitate a more
expeditious resolution of this case, the court will presume that Plaintiff is residing at the
Lincoln Regional Center as a patient and not as the result of a criminal conviction.
Upon review of the record, Plaintiff’s Motion for Leave to Proceed IFP is granted,
and Plaintiff is relieved from payment of the filing fee in this matter.
IT IS THEREFORE ORDERED that:
Plaintiff’s Motion for Leave to Proceed IFP (Filing No. 6) is provisionally
granted. Plaintiff is not required to pay the filing fee in this matter; and
The Clerk of the court is directed to send a copy of this Memorandum and
Order to the appropriate officials at the Lincoln Regional Center.
DATED this 20th day of September, 2011.
BY THE COURT:
s/Laurie Smith Camp
United States District Judge
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