(PC) Beaton v. Modoc County Sheriff
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL NIVARD BEATON, No. 2:19-cv-2198 AC P Plaintiff, v. ORDER MODOC COUNTY SHERIFF, et al., Defendants. 16 On July 27, 2022, plaintiff filed a notice of change of address with the court. ECF No. 39. The new address plaintiff has provided appears to indicate that he is no longer incarcerated. See id. at 2. If plaintiff is no longer incarcerated, he may continue to proceed in forma pauperis upon satisfying the poverty provisions applicable to non-prisoners. McGann v. Comm’r, Soc. Sec. Admin., 96 F.3d 29, 30 (2d Cir. 1996). Therefore, he must be allowed to apply to proceed under general in forma pauperis provisions of 28 U.S.C. § 1915(a)(1). See DeBlasio v. Gilmore, 315 F.3d 396, 399 (4th Cir. 2003); In re Prison Litigation Reform Act, 105 F.3d 1131, 1139 (6th Cir. 1997) (stating upon release, obligation to pay remainder of fees to be determined solely on 26 The notice also appears to indicate that plaintiff may…