Sartorius v. Angus

Filing 14

ORDER: Magistrate Schanzle-Haskins' Report and Recommendation is adopted in full 13 . To the extent Plaintiff seeks a preliminary injunction transferring him to a different prison, the request is denied 10 . Plaintiff's petition to proc eed in forma pauperis is denied 5 . This case is dismissed, without prejudice, for Plaintiff's failure to pay the $400 filing fee. All other pending motions are denied as moot 4 , 6 , 8 , 9 . By February 28, 2018, Plaintiff may file a motion to reopen this case, attaching payment of the $400 filing fee. The clerk is directed to close this case. SEE WRITTEN ORDER. Entered by Judge Sue E. Myerscough on 01/25/2018. (SKN, ilcd)

E-FILED

Thursday, 25 January, 2018 09:33:14 AM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
LARRY SARTORIUS,
Plaintiff,
v.
ALTON ANGUS, et al.,
Defendants.

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No. 17-CV-1448

ORDER
SUE E. MYERSCOUGH, U.S. DISTRICT JUDGE.
On October 3, 2017, Plaintiff sent a letter seeking transfer out
of Taylorville Correctional Center to federal custody. The Court
explained that the Court could not order Plaintiff’s transfer and
gave Plaintiff an opportunity to file a complaint if he wanted to
challenge incidents at Taylorville Correctional Center.
Plaintiff filed a proposed amended complaint and petition to
proceed in forma pauperis, but then he sent a letter to chambers
alleging that the Warden at Danville Correctional Center had
threatened bodily harm or possibly death to Plaintiff. (d/e 10.)
Magistrate Judge Schanzle-Haskins held a hearing on Plaintiff’s
letter and issued a Report and Recommendation. (d/e 10.)

Magistrate Schanzle-Haskins found that Plaintiff was not in danger
and recommended that Plaintiff’s request for a transfer be denied.
No objections have been filed to the Report and
Recommendation. The Court has reviewed the Recommendation
and finds no reason not to accept the Recommendation in its
entirety.
Also before the Court is Plaintiff’s petition to proceed in forma
pauperis. Plaintiffs who are financially able must pay the full $400
filing fee upon filing a lawsuit. If an inmate is granted in forma
pauperis status, a reduced filing fee of $350 is collected in
installments rather than all at once. 28 U.S.C. § 1915(b)(1).
Plaintiff’s three-month prisoner trust fund ledger from August
3, 2017 through October 11, 2017, shows that Plaintiff received
$200 each month from an outside source. Plaintiff should have
been able to save those amounts until he had $400 to pay for the
filing fee. In October of 2017, when Plaintiff sent his first letter, he
had a balance of $317.95 in his account. On this record, Plaintiff
appears able to pay the $400 filing fee. Plaintiff’s petition to
proceed in forma pauperis will be denied and this case closed for

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failure to pay the filing fee. Plaintiff may move to reopen the case
with payment of the $400 filing fee.
IT IS ORDERED:
(1) Magistrate Schanzle-Haskins’ Report and
Recommendation is adopted in full. (d/e 13.) To the extent Plaintiff
seeks a preliminary injunction transferring him to a different
prison, the request is denied. (d/e 10.)
(2) Plaintiff’s petition to proceed in forma pauperis is denied.
(d/e 5.)
(3)

This case is dismissed, without prejudice, for Plaintiff’s

failure to pay the $400 filing fee.
(4)

All other pending motions are denied as moot. (d/e’s 4, 6,

(5)

By February 28, 2018, Plaintiff may file a motion to

8, 9.)

reopen this case, attaching payment of the $400 filing fee.
(6)

The clerk is directed to close this case.

ENTER: 1/25/2018
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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