(PC) Spearman v. Public Defenders Office ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REGINALD EDWARD SPEARMAN, No. 2:21-cv-1290 AC P 12 Plaintiff, 13 v. ORDER 14 PUBLIC DEFENDER’S OFFICE, et al., 15 Defendants. 16 17 Plaintiff, a former county jail inmate proceeding pro se, seeks relief pursuant to 42 U.S.C. 18 § 1983 and has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. 19 ECF Nos. 1, 6. This proceeding was referred to the undersigned by Local Rule 302 pursuant to 20 28 U.S.C. § 636(b)(1)(B). 21 On April 28, 2023, plaintiff filed a notice of change of address in another action he has 22 before this court.1 The address appears to be a residential one. As a result, plaintiff’s in forma 23 pauperis status must be considered in light of the fact that he is no longer incarcerated. 24 An individual released from incarceration must be allowed to apply to proceed under 25 general in forma pauperis provisions of 28 U.S.C. § 1915(a)(1). See DeBlasio v. Gilmore, 315 26 F.3d 396, 399 (4th Cir. 2003); see also Webb v. Lambert, No. CV 12-00041-H-DLC, 2012 WL 27 28 1 Plaintiff filed the notice of change of address in Spearman v. Hillberg, No. 2:23-cv-0093 DMC. 1 |} 5931889, at *1 (D. Mont. Aug. 29, 2012) (citing DeBlasio). That person may proceed in forma 2 || pauperis upon satisfying the poverty provisions applicable to non-prisoners. McGann v. Comm’r, 3 || Soc. Sec. Admin., 96 F.3d 29, 30 (2d Cir. 1996). 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. The Clerk of Court shall send plaintiff a copy of the court’s application to proceed in 6 || forma pauperis for non-prisoners, and 7 2. Within thirty days from the date of this order, plaintiff must complete and file the non- 8 || prisoner in forma pauperis application in this court. 9 || DATED: June 26, 2023 ~ 10 ththienr—Chnp—e_ ALLISON CLAIRE 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28