Brown v. Department of Health & Human Services et al
Filing
38
MEMORANDUM AND ORDER - that an Amended Judgment shall be entered, after which Plaintiff has 30 days to file a notice of appeal. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MEE MEE BROWN,
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Plaintiff,
v.
SHANNON BLACK, Dr., Program
Director, and CHALICE CLOSEN,
Program Team Leader,
Defendants.
8:16CV245
MEMORANDUM
AND ORDER
Plaintiff, a civilly committed non-prisoner, was found financially eligible to proceed
in forma pauperis in this case (Filing No. 7), and the court subsequently analyzed Plaintiff’s
complaints under 28 U.S.C. § 1915(e)(2).1 However, the Judgment dismissing this case
erroneously contained language applicable only to prisoners under the Prison Litigation
Reform Act. Therefore, and pursuant to Fed. R. Civ. P. 60(a) (court may correct mistake
in judgment on its own without notice), an Amended Judgment shall be entered, after which
Plaintiff will have 30 days to file a notice of appeal. Accordingly,
IT IS ORDERED that an Amended Judgment shall be entered, after which Plaintiff
has 30 days to file a notice of appeal.
DATED this 8th day of May, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
1
The Eighth Circuit Court of Appeals has held that civilly committed individuals are
not prisoners and are not subject to 28 U.S.C. § 1915(a)-(b). Kolocotronis v. Morgan, 247
F.3d 726, 728 (8th Cir. 2001); see also Perkins v. Hedricks, 340 F.3d 582, 583 (8th Cir.
2003) (per curiam) (“Perkins appears to be civilly committed and is thus not a prisoner
within the meaning of the PLRA.”); Pendleton v. Sanders, 565 F. App’x 584 (8th Cir.
2014) (a civilly committed plaintiff is not a “prisoner” under the PLRA) (unpublished).
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