(PC) Gleason v. Lynch ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STANLEY GLEASON, No. 2:21-cv-0253 AC P 12 Plaintiff, 13 v. ORDER 14 JEFF LYNCH, et al., 15 Defendants. 16 17 Plaintiff, a former inmate at California State Prison – Sacramento, is proceeding pro se 18 with a civil rights action under 42 U.S.C. § 1983 and has filed an application to proceed in forma 19 pauperis. See ECF Nos. 1 at 1-1, 2, 5. The matter was referred to a United States Magistrate 20 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 While plaintiff was incarcerated, he submitted the appropriate documents which made the 22 showing required by 28 U.S.C. § 1915(a)(2). See ECF Nos. 2, 5. However, since doing so, 23 plaintiff has been released from prison. See generally ECF No. 1 at 1. If plaintiff still wishes to 24 proceed in forma pauperis, he must submit an updated application under § 1915(a)(1). See 25 DeBlasio v. Gilmore, 315 F.3d 396, 398 (4th Cir. 2003); Adler v. Gonzalez, No. 1:11-cv-1915- 26 LJO-MJS (PC), 2015 WL 4041772, at *2 (E.D. Cal. July 1, 2015), report and recommendation 27 adopted, 2015 WL 4668668 (E.D. Cal. Aug. 6, 2015). 28 //// ] Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall, as a one-time 2 || courtesy, send plaintiff copies of the following: 3 1. An Application to Proceed in District Court Without Prepaying Fees or Costs; 4 2. Acopy of the complaint (ECF No. 1); 5 3. The prisoner new case documents (see ECF No. 3), and 6 4. Acopy of the docket. 7 IT IS FURTHER ORDERED that within thirty days of the date of this order, plaintiff 8 | shall either: 9 1. Submit an updated application to proceed IFP in accordance with 28 U.S.C. 10 | 1915(a)(1), or 1] 2. Pay the $402.00 filing fee in full. 12 Plaintiff is warned that failure either to submit an updated application or pay the filing fee 13 | will result in a recommendation that this action be dismissed without prejudice for failure to 14 || prosecute. 15 | DATED: February 23, 2021 ~ 16 ththienr—Chnp—e_ ALLISON CLAIRE 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28