(PC) Gleason v. Lynch

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

STANLEY GLEASON, No. 2:21-cv-0253 AC P

Plaintiff, v. ORDER

JEFF LYNCH, et al.,

Defendants.

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.

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). //// ] Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall, as a one-time courtesy, send plaintiff copies of the following:

1. An Application to Proceed in District Court Without Prepaying Fees or Costs; 2. Acopy of the complaint (ECF No. 1);

3. The prisoner new case documents (see ECF No. 3), and 4. Acopy of the docket.

IT IS FURTHER ORDERED that within thirty days of the date of this order, plaintiff shall either:

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.

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.

DATED: February 23, 2021 ~ ththienr—Chnp—e_

ALLISON CLAIRE

UNITED STATES MAGISTRATE JUDGE