Montin v. Gibson
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (filing no. 2 ) is provisionally granted. Plaintiff is not required to pay the filing fee in this matter. 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. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and to Lincoln Regional Center Official)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN MAXWELL MONTIN,
BILL GIBSON, CEO,
This matter is before the court on Plaintiff’s Motion for Leave to Proceed In
Forma Pauperis (“IFP”). (Filing No. 2). 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. C04-4012-MWB, 2005 WL 550528, *9
(N.D. Iowa 2005).
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. 2) is provisionally
granted. Plaintiff is not required to pay the filing fee in this matter.
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, 2012.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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