Opinion
Civil Action 2:10-CV-079.
February 11, 2010
ORDER
Plaintiff, a state prisoner, submitted a complaint seeking monetary damages from individuals, including a state court judge and an attorney, who participated in plaintiff's criminal trial. Because plaintiff did not pay the filing fee, the United States Magistrate Judge ordered him to either pay the $350.00 filing fee within thirty (30) days or seek leave to proceed in forma pauperis. Order. Doc. No. 4. This matter is now before the Court on plaintiff's motion to proceed in forma pauperis, Doc. No. 6, and motion for relief from the Magistrate Judge's Order. Doc. No. 7.
Underlying both of plaintiff's motions is his contention that he is not a "prisoner" whose application for leave to proceed in forma pauperis must comply with the Prison Litigation Reform Act of 1996, 28 U.S.C. § 1915(a)(2). Plaintiff is mistaken. A "prisoner" is defined as
any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.28 U.S.C. § 1915(h). Although plaintiff might, in this action, seek to challenge the propriety of the criminal proceedings against him, it is clear that plaintiff's incarceration in a state prison facility renders him a "prisoner" subject to the provisions of the Prison Litigation Reform Act of 1996.
Because the Order of the Magistrate Judge, Doc. No. 4, is neither clearly erroneous nor contrary to law, see 28 U.S.C. 636(b), plaintiff's motion for relief from that Order, Doc. No. 7, is DENIED. Plaintiff must comply with the terms of that Order.
Plaintiff's motion for leave to proceed in forma pauperis, Doc. No. 6, does not comply with 28 U.S.C. § 1915(a)(2). If plaintiff intends to seek leave to proceed in forma pauperis, in this action, he must filed a motion that satisfies 28 U.S.C. § 1915(a)(2). Plaintiff is DIRECTED to do so within twenty (20) days.