Lotersztain

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL AARON WITKIN, No. 2:19-cv-00406-DJC-KJN Plaintiff, v. ORDER

MARIANA LOTERSZTAIN, et al.,

Defendants.

Defendant Mariana Lotersztain has filed a Motion to Revoke Plaintiff’s In Forma Pauperis Status (Def’s Mot. (ECF No. 111)) based on the fact that Plaintiff is no longer a prisoner. Defendant notes that Plaintiff was released from prison on July 6, 2022, and suggests that where a prisoner is released from custody, he cannot continue to proceed In Forma Pauperis under 28 U.S.C. § 1915(b)(1). However, instead of suggesting that Plaintiff be prompted to file an updated In Forma Pauperis Application, Defendant instead suggests that Plaintiff’s In Forma Pauperis status should be revoked and Plaintiff should be ordered to pay the filing fee. (Def’s Mot. at 5.) Defendant does grant that “[i]f Plaintiff still wishes to proceed [In Forma Pauperis]” the Court should require him to submit a new affidavit, but…