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Case4:13-cv-01483-SBA Document4 Filed06/04/13 Page1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

ROBERT LAMAR BALL,

No. C 13-1483 SBA (PR)

Plaintiff,

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, ET AL.,

_________________________________/

Defendants.

ORDER DIRECTING PLAINTIFF TO FILE
NEW IN FORMA PAUPERIS APPLICATION

(Docket no. 2)

Plaintiff Robert Lamar Ball filed this civil rights action and a prisoner's in forma pauperis

application on April 3, 2013. On that same date, the Clerk of the Court notified Plaintiff that his in
forma pauperis application was deficient due to the failure to include a signed certificate of funds
and a prisoner trust account statement for the previous six months. The Court informed him that his
action could not go forward until he filed the necessary documents within twenty-eight days, and
that his failure to do so would result in dismissal of this action.

The Court notes that Plaintiff alleged in his complaint that he was released from custody on

June 14, 2012 and that he is currently out on parole.

Ordinarily, a plaintiff is permitted to file a civil action in federal court without prepayment
of fees or security if he makes affidavit that he is unable to pay such fees or give security therefor.
See 28 U.S.C. § 1915(a). But if the plaintiff is a prisoner who alleges that he is unable to pay the
full filing fee at the time of filing, he will be required to pay the full amount of the filing fee even if
he is granted in forma pauperis status. See 28 U.S.C. § 1915(b)(1). This is done by way of an
"installment plan," whereby the court will assess an initial payment, and the prisoner will be
required thereafter to make monthly payments of twenty percent of the preceding month's income
credited to the prisoner's account. See id. However, if a prisoner who seeks leave to proceed in
forma pauperis is released from prison while his action is pending, he will not be required to pay the
full filing fee if in forma pauperis status is granted. See, e.g., DeBlasio v. Gilmore, 315 F.3d 396,
399 (4th Cir. 2003) (statutory language, legislative intent and policy reasons dictate that prisoner

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Case4:13-cv-01483-SBA Document4 Filed06/04/13 Page2 of 3

granted in forma pauperis status when he filed action would not be liable for full amount of filing
fee upon release but must be allowed to apply to proceed under general in forma pauperis provisions
of § 1915(a)(1)), McGore v. Wrigglesworth, 114 F.3d 601, 613 (6th Cir. 1997) (same), McGann v.
Comm'r, Soc. Sec. Admin., 96 F.3d 28, 29-30 (2d Cir. 1996) (same).

Because Plaintiff no longer is incarcerated, in order for the Court to assess whether he is

entitled to proceed in forma pauperis he must apply to proceed in forma pauperis under the general
provisions of 28 U.S.C. § 1915(a)(1). If, based upon the information provided by Plaintiff, the
Court grants Plaintiff leave to proceed in forma pauperis, the Court will proceed to review the
complaint under § 1915(e)(2).1 If the Court determines that Plaintiff is not entitled to in forma
pauperis status, he will be required to pay the full filing fee or the action will be dismissed.

Accordingly, Plaintiff is hereby ORDERED to file a new application to proceed in forma

pauperis. Plaintiff shall answer all questions in the attached application and shall provide any
requisite documentation. He shall file his completed application within twenty-eight (28) days of
the date of this Order. The failure to do so will result in the dismissal of this action without
prejudice.

Plaintiff's prior prisoner's application to proceed in forma pauperis is DENIED as moot

(docket no. 2).

The Clerk is directed to send Plaintiff a blank non-prisoner in forma pauperis application

form.

This Order terminates Docket no. 2.
IT IS SO ORDERED.

DATED:_5/13/13________________

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

UNITED STATES DISTRICT COURT

1 Under this section, the Court is required to conduct a preliminary screening for frivolity,

failure to state a claim, or immune defendants in any in forma pauperis action.

2

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Case4:13-cv-01483-SBA Document4 Filed06/04/13 Page3 of 3

FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ROBERT L. BALL,

Plaintiff,

v.
CDCR CALIFORNIA ATTORNEY
GENERAL et al,

/

Defendant.

Case Number: CV13-01483 SBA
CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on June 4, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

Robert Lamar Ball V79505
38 Moss Street
B404
San Francisco, CA 94103
Dated: June 4, 2013

Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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