Opinion
4:23-cv-00206-BRW-PSH
08-27-2024
BILLY KIRBY ADC #661406 PLAINTIFF v. RAMONA HUFF, et al. DEFENDANTS
ORDER
Plaintiff Billy Kirby filed a pro se complaint, pursuant to 42 U.S.C. § 1983, on March 17, 2023, while incarcerated (Doc. No. 1). On August 14, 2024, Kirby updated his address indicating he had been released. See Doc. No. 65. The Court ordered Kirby to submit an in forma pauperis (“IFP”) application which reflects his free-world financial status (Doc No. 66). Kirby filed an IFP application on August 27, 2024 (Doc. No. 67).
Under the Prison Litigation Reform Act (“PLRA”), a prisoner who is permitted to file a civil action IFP still must pay the full statutory filing fee of $350.00. 28 U.S.C. § 1915(b)(1). Kirby's resubmitted IFP shows that he has no income and no funds with which to pay the filing fee; accordingly, his request to proceed IFP is GRANTED. Kirby remains responsible for payment of the filing fee for this action.
IT IS SO ORDERED