Opinion
Case No. 2:11-cv-00212-KJD-CWH
10-10-2011
KEVIN DUVALLE BLACK, Plaintiff, v. FRANCISCO SANCHEZ, et al., Defendants.
ORDER
This matter is before the Court on Defendants' Motion to Revoke In Forma Pauperis Status (#29), filed July 23, 2012; Plaintiff's Response (#30), filed August 23, 2012; and Defendants' Reply (#31), filed August 28, 2012.
Citing Local Special Rule ("LSR") 1-5, Defendants request that the Court revoke Plaintiff's right to proceed in forma pauperis because he has been released from prison. In support of the motion, Defendants have cited to the general proposition that proceeding in forma pauperis is not a right. The Court does not disagree with that general statement. Unfortunately, Defendants have failed to brief the actual issue presented - do the Prisoner Litigation Reform Act ("PLRA") provisions of 28 U.S.C. § 1915 continue to govern if and after the prisoner is released pendente lite during the litigation. Pursuant to Local Rule 7-2(d), "[t]he failure of a moving party to file points and authorities in support of the motion shall constitute a consent to the denial of the motion." Accordingly,
IT IS HEREBY ORDERED that Defendants' Motion to Revoke In Forma Pauperis Status (#29) is denied without prejudice.
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C.W. Hoffman , Jr.
United States Magistrate Judge