Opinion
1:22-cv-00567-DJ-BAM (PC)
12-15-2023
SEAN JEFFERY RICHSON-BEY Plaintiffs, v. JUAREZ, Defendant.
ORDER STAYING BRIEFING ON DEFENDANT'S MOTION TO REVOKE IN FORMA PAUPERIS STATUS (ECF NO. 43) ORDER FOR PLAINTIFF TO SUBMIT NON-PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS THIRTY (30) DAY DEADLINE ORDER DIRECTING CLERK'S OFFICE TO SEND PLAINTIFF NON-PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE
Plaintiff Sean Jeffery Richson-Bey (“Plaintiff”) is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. This action proceeds against Defendant Juarez for excessive force in violation of the Eighth Amendment.
On December 7, 2023, Defendant filed a motion to revoke Plaintiff's in forma pauperis status on the ground that Plaintiff has been released from custody since initiating this action. (ECF No. 43.) Plaintiff has not yet had the opportunity to file a response.
In the motion, Defendant argues that Plaintiff is currently proceeding in forma pauperis under 28 U.S.C. § 1915(b)(1)'s prisoner provision, and now that he is no longer incarcerated, he must file an updated affidavit to proceed IFP as a non-prisoner under the general provisions of 28 U.S.C. § 1915(a)(1) or pay the filing fee. (ECF No. 18.)
Upon review of the filing, the Court finds it appropriate to stay briefing on the motion to revoke Plaintiff's in forma pauperis status and for Plaintiff to file a non-prisoner application to proceed in forma pauperis. Upon receipt and review of the application, the Court will reset the deadline for Plaintiff to file a response to Defendant's motion to revoke, as necessary and appropriate.
Accordingly, IT IS HEREBY ORDERED that:
1. Briefing on Defendant's motion to revoke Plaintiff's in forma pauperis status, (ECF No. 43), is STAYED;
2. The Clerk of the Court is directed to send to Plaintiff an application to proceed in forma pauperis for a non-prisoner;
3. Within thirty (30) days of the date of service of this order, Plaintiff shall submit the attached application to proceed in forma pauperis, completed and signed; and
4. No requests for extension will be granted without a showing of good cause.
IT IS SO ORDERED.