Gary Paul Smith v. Municipality of Fresno, et al.

Summary

The United States District Court for the Eastern District of California directed a former state prisoner proceeding pro se to submit a non-prisoner application to proceed in forma pauperis. The court also ordered him to show cause why defendants’ pending motion for summary judgment should not be granted, or alternatively to file a response to that motion, within thirty days.

Holdings

1. Because the record indicated that plaintiff was no longer incarcerated, the court directed him to complete and file an in forma pauperis application for non-prisoners within thirty days.
2. The court ordered plaintiff within thirty days either to show cause why defendants' motion for summary judgment should not be granted or to file a response to the motion.

Questions Presented

1. Whether the court should require plaintiff, who appeared to have been released from custody, to submit an in forma pauperis application applicable to non-prisoners.
2. Whether plaintiff should be ordered to show cause why defendants' pending motion for summary judgment should not be granted or, alternatively, be given an opportunity to respond to the motion.

Disposition

other