Opinion
1:21-cv-01263-HBK
08-23-2021
SANTOS RODRIGUEZ, Plaintiff, v. KELLY SANTORO, Warden at North Kern State Prison, Defendant.
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE (DOC. NO. 2) 30-DAY DEADLINE ORDER DIRECTING CLERK OF COURT TO PROVIDE PLAINTIFF WITH NON-PRISONER IFP APPLICATION FORM
HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE
Plaintiff Santos Rodriguez, a former prisoner, initiated this action by filing a pro se complaint pursuant to 42 U.S.C. § 1983 on August 19, 2021. (Doc. No. 1). Plaintiff concurrently moved to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915. (Doc. No. 2). Plaintiff submitted the IFP application form reserved for current prisoners. (Doc. No. 2). Because Plaintiff is no longer incarcerated, he is required to use the IFP Application Form for non-prisoners in order that the Court may properly assess his indigency. The Court therefore will deny Plaintiff's IFP motion without prejudice to Plaintiff filing a completed IFP Application Form for non-prisoners (AO 240).
The form is available on the court's website http://www.caed.uscourts.gov/caednew/index.cfm/forms/civil/.
Accordingly, it is ORDERED:
1. Plaintiff s motion to proceed in forma pauperis (Doc. No. 2) is DENIED without prejudice.
2. The Clerk of Court is directed to send pro se Plaintiff a copy of the IFP Application Form for non-prisoners (AO 240).
3. Within thirty days from the date of this Order, Plaintiff shall either pay the $402.00 filing fee or file the enclosed IFP Application Form for non-prisoners should he wish to proceed in forma pauperis.
4. Plaintiff s failure to timely comply with this Order will result in the Court recommending this matter's dismissal.