(PC) Kelly v. Wilson ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 EDWIN KELLY, No. 2:17-cv-2557 TLN AC P 12 Plaintiff, 13 v. ORDER 14 R. WILSON, et al., 15 Defendants. 16 17 I. Introduction 18 Plaintiff is a former state prisoner previously incarcerated under the authority of the 19 California Department of Corrections and Rehabilitation (CDCR). Plaintiff proceeds pro se with 20 an application to proceed in forma pauperis and a civil rights complaint filed pursuant to 42 21 U.S.C. § 1983 that challenges the conditions of his prior confinement at the California Medical 22 Facility (CMF).1 23 Because plaintiff is no longer in custody, he must complete and submit a non-prisoner 24 application to proceed in forma pauperis on the form provided herewith. See e.g. Adler v. 25 Gonzalez, 2015 WL 4041772, at *1, 2015 U.S. Dist. LEXIS 85909 (E.D. Cal. July 1, 2015), 26 1 Plaintiff mischaracterizes this institution as “California Men’s Facility,” which does not exist. 27 Review of plaintiff’s attachments demonstrates that the challenged institution was the California Medical Facility. If this construction is in error, plaintiff shall so inform the court when he 28 returns his non-prisoner application to proceed in forma pauperis. WAS Ct PEIN RVEUEOCTIL Be POR eee PAY ee 1 || report and recommendation adopted, 2015 WL 4668668, 2015 U.S. Dist. LEXIS 103386 (E.D. 2 | Cal. Aug. 6, 2015) (payment of fee not required if plaintiff remains indigent after release from 3 || prison), and cases cited therein. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Within thirty (30) days after the filing date of this order, plaintiff shall complete and 6 || file the attached application to proceed forma pauperis used by non-prisoners in this district; 7 || failure to timely submit the completed application will result in the dismissal of this action 8 || without prejudice. 9 2. The Clerk of Court is directed to send plaintiff, together with a copy of this order, a 10 | blank application to proceed forma pauperis used by non-prisoners in this district. 11 | DATED: April 20, 2020 ~ 12 Chthien—Chare ALLISON CLAIRE 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28