United States District Court for the Eastern District of California, 2021

(PC) Gleason v. Lynch

(PC) Gleason v. Lynch
United States District Court for the Eastern District of California · Decided February 24, 2021
(PC) Gleason v. Lynch

Trial Court Opinion

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA STANLEY GLEASON, No. 2:21-cv-0253 AC P 12 Plaintiff, 13 v. ORDER JEFF LYNCH, et al., 15 Defendants.

17 Plaintiff, a former inmate at California State Prison – Sacramento, is proceeding pro se with a civil rights action under 42 U.S.C. § 1983 and has filed an application to proceed in forma pauperis. See ECF Nos. 1 at 1-1, 2, 5. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

21 While plaintiff was incarcerated, he submitted the appropriate documents which made the showing required by 28 U.S.C. § 1915(a)(2). See ECF Nos. 2, 5. However, since doing so, plaintiff has been released from prison. See generally ECF No. 1 at 1. If plaintiff still wishes to proceed in forma pauperis, he must submit an updated application under § 1915(a)(1). See DeBlasio v. Gilmore, 315 F.3d 396, 398 (4th Cir. 2003); Adler v. Gonzalez, No. 1:11-cv-1915- LJO-MJS (PC), 2015 WL 4041772, at *2 (E.D. Cal. July 1, 2015), report and recommendation adopted, 2015 WL 4668668 (E.D. Cal. Aug. 6, 2015).

28 //// ] Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall, as a one-time || courtesy, send plaintiff copies of the following: 3 1. An Application to Proceed in District Court Without Prepaying Fees or Costs; 4 2. Acopy of the complaint (ECF No. 1); 5 3. The prisoner new case documents (see ECF No. 3), and 6 4. Acopy of the docket.

7 IT IS FURTHER ORDERED that within thirty days of the date of this order, plaintiff | shall either: 9 1. Submit an updated application to proceed IFP in accordance with 28 U.S.C. | 1915(a)(1), or 1] 2. Pay the $402.00 filing fee in full.

12 Plaintiff is warned that failure either to submit an updated application or pay the filing fee | will result in a recommendation that this action be dismissed without prejudice for failure to || prosecute.

15 | DATED: February 23, 2021 ~ 16 ththienr—Chnp—e_ ALLISON CLAIRE 17 UNITED STATES MAGISTRATE JUDGE

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