(PC) Givens v. Lotesztain ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FRANCOIS P. GIVENS, No. 2:21-cv-0591 AC P 12 Plaintiff, 13 v. ORDER 14 MARIANNA LOTESZTAIN, et al., 15 Defendants. 16 17 Plaintiff is a former state prisoner proceeding pro se in this civil rights action filed 18 pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s application to proceed in 19 forma pauperis, which he filed while still incarcerated at California State Prison, Solano. Plaintiff 20 reports that he has since been released on parole. ECF No. 8. A search of the CDCR website for 21 plaintiff via his inmate identification number indicates that he is no longer in its system. See 22 https://inmatelocator.cdcr.ca.gov/search.aspx (search CDCR Number field for “AX1773” (last 23 visited February 23, 2023)). The court takes judicial notice of this fact. 24 A prisoner’s application to proceed in forma pauperis does not become moot upon 25 subsequent release. Moore v. Maricopa County Sheriff’s Office, 657 F.3d 890, 892 n.2 (9th Cir. 26 2011). Rather, a former inmate must be allowed to apply to proceed under general in forma 27 pauperis provisions of 28 U.S.C. § 1915(a)(1). See DeBlasio v. Gilmore, 315 F.3d 396, 399 (4th 28 Cir. 2003); In re Prison Litigation Reform Act, 105 F.3d 1131, 1139 (6th Cir. 1997) (upon 1 | release, obligation to pay remainder of fees to be determined solely on question of whether 2 || individual qualifies for pauper status). A released prisoner may proceed in forma pauperis upon 3 || satisfying the poverty provisions applicable to non-prisoners. McGann v. Comm’r, Soc. Sec. 4 | Admin., 96 F.3d 29, 30 (2d Cir. 1996). 5 Because plaintiff is no longer a prisoner, he must be given the opportunity to file a non- 6 || prisoner in forma pauperis application. See generally McGann, 96 F.3d at 30. Once it has been 7 || filed, the court will consider it anew. See Moore, 657 F.3d at 893 n.3. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. The Clerk of Court shall send plaintiff a copy of the court’s in forma pauperis 10 || application form for non-prisoners; and 11 2. Within thirty days of this order, plaintiff shall fully complete and return the application 12 || to proceed in forma pauperis by a non-prisoner in compliance with 28 U.S.C. 1915(a)(1). 13 || DATED: February 27, 2023 14 Chttien— Clare ALLISON CLAIRE Id UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28