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Bishop v. Babeu

United States District Court, D. Arizona

November 21, 2014

Aaron Joseph Bishop, Plaintiff,
v.
Paul R. Babeu, et al., Defendants.

ORDER

STEPHEN M. McNAMEE, District Judge.

Plaintiff Aaron Joseph Bishop, who was formerly confined in the Arizona State Prison Complex-Eyman, in Florence, Arizona, filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and an Application to Proceed In Forma Pauperis. (Docs. 1, 6). Plaintiff has since filed a First Amended Complaint. (Doc. 15). On November 10, 2014, Plaintiff filed a Notice of Change of Address (Doc. 16) indicating he is no longer in custody.

The Court granted Plaintiff leave to proceed in forma pauperis and assessed the statutory filing fee of $350.00. (Doc. 9). Plaintiff was cautioned that in the event of his release, he would be required to pay the balance of the filing fee within 120 days or show cause within 30 days why he cannot pay. Currently, Plaintiff owes $338.24 towards the fee.

Since the entry of the Court's last Order, this District's procedure concerning payment of filing fees by released prisoners has changed. Under the new procedure, a plaintiff who was a prisoner when he commenced a case, but who has since been released, may file a non- prisoner application to proceed in forma pauperis and will not be required to pay the balance of the filing and administrative fees if he meets the non- prisoner indigency standards. In light of the change in this District's procedure, and because Plaintiff is no longer incarcerated, the Court will grant Plaintiff leave either to file a non -prisoner application to proceed in forma pauperis or pay the remaining balance of the filing and administrative fees. If Plaintiff files a non -prisoner application to proceed in forma pauperis and meets the indigency criteria for a non-prisoner, he will not be required to pay the balance of the filing and administrative fees that he would be required to pay if he were still incarcerated.

Accordingly, Plaintiff will be given 30 days from the date this Order is filed either to file a non -prisoner Application to Proceed in District Court Without Prepaying Fees or Costs or pay the $338.24 balance of the filing fee. Pursuant to 28 U.S.C. § 1915(e)(2), the Court is required to screen complaints brought by all plaintiffs who are proceeding in forma pauperis and must dismiss a complaint or portion thereof if the plaintiff has raised claims that are legally frivolous or malicious, that fail to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief. Because Plaintiff filed his Complaint while he was incarcerated and is seeking relief against a governmental entity or an officer or an employee of a governmental entity, the Court must still screen the complaint pursuant to 28 U.S.C. § 1915A(a) and must dismiss the complaint or portion thereof if Plaintiff has raised claims that are legally frivolous or malicious, that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1)-(2).

If Plaintiff fails to timely comply with every provision of this Order, the Court may dismiss this action without further notice. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action for failure to comply with any order of the Court).

IT IS ORDERED:

(1) Within 30 days from the date this Order is filed, Plaintiff must either file a non -prisoner Application to Proceed in District Court Without Prepaying Fees or Costs as described above or pay the $338.24 balance of the $350.00 filing fee.

(2) If Plaintiff fails either to file a non- prisoner Application to Proceed in District Court Without Prepaying Fees or Costs or pay the 338.24 balance of the filing fee, the Clerk of Court must enter a judgment of dismissal of this action without prejudice.

(3) The Clerk of the Court must mail Plaintiff a non-prisoner Application to Proceed in District Court Without Prepaying Fees or Costs.

ATTACHMENT 6

I, ___________________________________, declare that I am the Plaintiff in this action; that I hereby request to proceed without being required to prepay fees, costs or give security therefore. I state that, because of my poverty, I am unable to pay the fees of said proceeding; that I believe I am entitled to relief.

In further support of this application, I answer the ...


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