No. 06-5355.United States Court of Appeals, District of Columbia Circuit.
Filed On: June 7, 2007.
BEFORE: Randolph, Garland, and Griffith, Circuit Judges.
ORDER
Per Curiam
Upon consideration of this court’s order to show cause filed March 8, 2007, and the response thereto, it is
ORDERED that the order to show cause be discharged, and that appellant’s in forma pauperis status not be revoked. On October 16, 2006, the United States District Court for the Northern District of Texas found appellant not guilty by reason of insanity and committed him to the custody of the Attorney General pursuant to 18 U.S.C. §§ 4243. SeeUnited States v. Ruston, No. 3:04-CR-191-G (N.D. Tex. Oct. 16, 2006). Appellant’s notice of appeal was filed after October 16, 2006, when he was no longer a “prisoner” subject to the Prison Litigation Reform Act. See28 U.S.C. §§ 1915(h); LaFontant v. INS, 135 F.3d 158, 165
(D.C. Cir. 1998) (individual detained by the Attorney General for deportation purposes is not a prisoner subject to the PLRA’s fee requirements); Kolocotronis v. Morgan, 247 F.3d 726, 728 (8th Cir. 2001) (mental patient confined in a state hospital as a result of being found not guilty by reason of insanity was not prisoner under PLRA).
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