Opinion
No. CIV S-03-1099 GEB KJM P.
August 3, 2006
ORDER
Plaintiff is a former state prisoner proceeding with an action under 28 U.S.C. § 1983. Plaintiff, through counsel, has filed a third amended complaint.
Plaintiff asks that, because he was released from prison before the filing of his third amended complaint, this court refrain from screening that complaint under 28 U.S.C. § 1915A(a). That statute reads as follows:
(a) Screening. — The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
Because plaintiff's third amended complaint was filed at a time when plaintiff was not a "prisoner," the court is not required to screen plaintiff's complaint under § 1915A(a).
In accordance with the above, IT IS HEREBY ORDERED that:
1. Plaintiff's July 5, 2006 "motion to bypass prisoner case screening" is granted; and
2. The Clerk of the Court is directed to issue summonses for the defendants and forward them to plaintiff's counsel.