Opinion
2:19-cv-1461 JAM AC P
08-03-2021
KENDALL BURTON, Plaintiff, v. JIMENEZ, et al., Defendants.
ORDER
ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE
Plaintiff, a former state prisoner proceeding in forma pauperis, is represented by counsel. He seeks relief pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
On July 16, 2021, plaintiff filed notice with the court that he has been released from prison. ECF No. 16. As a result, plaintiff's continued in forma pauperis status must be considered.
A prisoner granted in forma pauperis status when he filed an action is not liable for the full amount of the filing fee upon release from prison. However, upon release from prison, he must be allowed to apply to proceed under general in forma pauperis provisions of 28 U.S.C. § 1915(a)(1). See DeBlasio v. Gilmore, 315 F.3d 396, 399 (4th Cir. 2003); see also Webb v. Lambert, No. CV 12-00041-H-DLC, 2012 WL 5931889, at *1 (D. Mont. Aug. 29, 2012) (citing DeBlasio). A released prisoner may proceed in forma pauperis upon satisfying the poverty provisions applicable to non-prisoners. McGann v. Comm'r, Soc. Sec. Admin., 96 F.3d 29, 30 (2d Cir. 1996).
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of Court shall send plaintiff a copy of the court's application to proceed in forma pauperis for non-prisoners, and
2. Within thirty days of the date of this order, plaintiff must complete and file the non-prisoner in forma pauperis application in this court.