Opinion
No. CIV S-08-1735 DAD P.
October 15, 2008
ORDER
Plaintiff, previously confined at San Joaquin County Jail, is proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. By order filed September 8, 2008, plaintiff was directed to submit a properly completed in forma pauperis application form. In response to the court's order, plaintiff has filed a letter with the court claiming that the Jail refuses to provide him with a trust account statement for the six-month period immediately preceding the filing of the complaint.
Ordinarily, a prisoner-plaintiff is permitted to file a civil action in federal court without prepayment of fees if he alleges in an affidavit that he is unable to pay such fees. See 28 U.S.C. § 1915(a). However, here, plaintiff has informed the court by way of a notice of change of address that he is no longer incarcerated. Because plaintiff is no longer incarcerated, for the court to assess whether he is entitled to proceed IFP, he must apply to proceed IFP under the general provisions of 28 U.S.C. § 1915(a)(1). Accordingly, the court will provide plaintiff with an opportunity to submit a non-prisoner affidavit in support of his request to proceed in forma pauperis or the required filing fee ($350.00).
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff shall submit, within thirty days from the date of this order, a non-prisoner affidavit in support of his request to proceed in forma pauperis or the required filing fee ($350.00). In the alternative, if plaintiff no longer wishes to proceed with this case, he may file a request to voluntarily dismiss this action without prejudice; and
2. The Clerk of the Court is directed to send plaintiff a copy of the non-prisoner in forma pauperis form used by this district. APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND AFFIDAVIT
UNITED STATES DISTRICT COURT Eastern District of California Plaintiff, v. CASE NUMBER: Defendant. I, ______________________________________________, declare that I am the (check appropriate box) petitioner/plaintiff/movant other in the above-entitled proceeding: that in support of my request to proceed without prepayment of fees or costs under 28 USC § 1915 I declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief sought in the complaint/petition/motion.In support of this application, I answer the following questions under penalty of perjury:
1. Are you currently incarcerated? Yes No (If "No," go to Part 2) If "Yes," state the place of your incarceration __________________________________________________ Are you employed at the institution? _____ Do you receive any payment from the institution? _____ Attach a ledger sheet from the institution(s) of your incarceration showing at least the past six months' transactions. 2. Are you currently employed? Yes No a. If the answer is "Yes," state the amount of your take-home salary or wages and pay period and give the name and address of your employer. b. If the answer is "No," state the date of your last employment, the amount of your take-home salary or wages and pay period and the name and address of your last employer. 3. In the past 12 twelve months have you received any money from any of the following sources? a. Business, profession or other self-employment Yes No b. Rent payments, interest or dividends Yes No c. Pensions, annuities or life insurance payments Yes No d. Disability or workers compensation payments Yes No e. Gifts or inheritances Yes No f. Any other sources Yes No If the answer to any of the above is "Yes," describe, on the following page, each source of money and state the amount received and what you expect you will continue to receive. 4. Do you have any cash or checking or savings accounts? Yes No If "Yes," state the total amount. ______________________________ 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or any other thing of value? Yes No If "Yes," describe the property and state its value. 6. List the persons who are dependent on you for support, state your relationship to each person and indicate how much you contribute to their support. I declare under penalty of perjury that the above information is true and correct. ______________________________ _________________________________________________________________ Date Signature of Applicant NOTICE TO PRISONER: A prisoner seeking to proceed without prepayment of fees shall submit an affidavit stating all assets. In addition, a prisoner must attach a statement certififed by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account.