Almy v. Dzurenda et al
Filing
5
ORDER advising that if Plaintiff seeks to remove this case from screening, he must pay the full $400 filing fee. If Plaintiff chooses not to pay the filing fee, the Court will screen Plaintiff's complaint in due course, which may take several months. Signed by Magistrate Judge William G. Cobb on 10/2/2017. (Copies have been distributed pursuant to the NEF - KR)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
12
)
)
Plaintiff,
)
)
v.
)
)
JAMES DZURENDA et al.,
)
)
Defendants.
)
)
___________________________________ )
13
I.
7
8
9
10
11
KEVIN ALMY,
3:17-cv-00045-MMD-WGC
ORDER
DISCUSSION
14
On January 24, 2017, Plaintiff filed an application to proceed in forma pauperis for
15
prisoners and submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1, 1-
16
1). In September 2017, Plaintiff was released from prison. (See ECF No. 4). Plaintiff now
17
asserts that he is no longer subject to the filing fee or screening process because he is no
18
longer incarcerated. (Id. at 1). Plaintiff seeks to proceed with pre-trial discovery. (Id.)
19
The Court acknowledges that Plaintiff is no longer subject to the screening
20
requirements of 28 U.S.C. § 1915A because Plaintiff is no longer a “prisoner” within the
21
meaning of the statute. See 28 U.S.C. § 1915A(a), (c). However, Plaintiff is subject to the
22
screening requirement under 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). Under § 1915(e)(2)(B)(i)-(iii),
23
“the court shall dismiss the case at any time if the court determines that . . . the action or
24
appeal (i) is frivolous or malicious; (ii) fails to state a claim upon which relief may be granted;
25
or (iii) seeks monetary relief against a defendant who is immune from such relief.” This
26
provision applies to all actions filed in forma pauperis, whether or not the plaintiff is
27
incarcerated. See Lopez v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000); see also Calhoun v.
28
Stahl, 254 F.3d 845 (9th Cir. 2001) (per curiam).
1
As such, even though Plaintiff is no longer incarcerated, the Court must screen
2
Plaintiff’s complaint under § 1915(e)(2) because Plaintiff seeks to proceed in forma pauperis
3
in this action. Plaintiff may remove himself from the screening process in this case if he pays
4
the $400 filing fee for initiating this civil action.
5
II.
CONCLUSION
6
For the foregoing reasons, IT IS ORDERED that, if Plaintiff seeks to remove this case
7
from screening, he shall pay the full $400 fee for filing a civil action (which includes the $350
8
filing fee and the $50 administrative fee).
9
IT IS FURTHER ORDERED that, if Plaintiff chooses not to pay the $400 filing fee, the
10
Court will screen Plaintiff’s civil rights complaint in due course. Due to the Court’s caseload,
11
the screening process may take several months.
12
13
2nd
DATED: This _____ day of October, 2017.
14
15
_________________________________
United States Magistrate Judge
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?