Montgomery v. State of Nevada

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA BOBBY LEE MONTGOMERY, Case No. 2:20-cv-01061-KJD-VCF 4 Plaintiff ORDER 5 v. STATE OF NEVADA et al., 7 Defendants I. DISCUSSION 10 Pro se Plaintiff Bobby Lee Montgomery, a former inmate of the Clark County Detention Center, brings this civil-rights action under 42 U.S.C. § 1983. (ECF No. 1).

12 Plaintiff is no longer incarcerated and has paid the $400 filing fee for a civil action. (ECF No. 1-1). In light of Plaintiff’s non-incarceration and payment of the filing fee, the Court is no longer required to screen this case. See generally 28 U.S.C. § 1915A (the plaintiff is no longer a prisoner within the meaning of the statute); see Olivas v. Nevada ex rel. Dep’t of Corr., 856 F.3d 1281, 1282 (9th Cir. 2017) (holding that “28 U.S.C. § 1915A applies only to claims brought by individuals incarcerated at the time they file their complaints”); see Lopez v. Smith, 203 F.3d 1122, 1126, 1129 (9th Cir. 2000) (recognizing that screening under 28 U.S.C. § 1915(e) applies to actions filed in forma pauperis whether or not the plaintiff is incarcerated). This case will now proceed onto the normal litigation track.

22 /// /// /// /// /// /// /// IL CONCLUSION 2 For the foregoing reasons, it is ordered that this case will proceed on the normal | litigation track.

4 It is further ordered that Plaintiff must perfect service within ninety (90) days from | the date of this order pursuant to Fed. R. Civ. P. 4(m).

7 DATED THIS 28 day of September 2020. ™ Lo 9 United States District Judge -2-