Davis v. Schwartz et al

Filing 13

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 8/1/2011: For the reasons stated below, Petitioner's motion for reconsideration 12 is denied. Mailed notice (tlm)

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Samuel Der-Yeghiayan

CASE NUMBER

09 C 8009

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

8/1/2011

Joseph Davis (K-60509) vs. Gregory Schwartz

DOCKET ENTRY TEXT

For the reasons stated below, Petitioner’s motion for reconsideration [12] is denied.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
This matter is before the court on Petitioner Joseph Davis’ (Davis) motion for reconsideration. On
January 13, 2010, the court denied Davis’ first motion for leave to proceed in forma pauperis. The court
gave Davis until February 3, 2010, to either pay the filing fee or file an accurately and properly completed in
forma pauperis application form. The court also warned Davis that if he failed to pay the filing fee or file an
accurately and properly completed in forma pauperis application form by February 3, 2010, this case would
be dismissed.
On February 4, 2010, Davis filed a second motion for leave to proceed in forma pauperis, but did not
accurately complete his in forma pauperis application form. For example, Davis failed to indicate any
income on his in forma pauperis application form other than the $10 per month that he received at his place
of incarceration. However, a review of Davis’ prison trust account statement reflects that he had received
approximately $335 from money orders or checks in the last six months. Thus, since Davis did not pay the
filing fee or file an accurately and properly completed in forma pauperis application form, the court
dismissed the instant action on February 17, 2010. On March 4, 2010, Davis filed a motion for
reconsideration, which was denied on April 7, 2010. Davis subsequently brought the instant motion for
09C8009 Joseph Davis (K-60509) vs. Gregory Schwartz

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STATEMENT
reconsideration over a year later on May 5, 2011.
Davis argues that it took a lengthy amount of time to receive his prison trust account statement and
that it is not his fault if the statement was not completed properly since he did not prepare it. However, as the
court indicated in its prior rulings, it was the in forma pauperis application forms completed by Davis that
were incomplete and inaccurate, not his prison trust account statement. Davis has not shown that his prison
trust account statement was inaccurate. Davis also indicates that he was relying on the assistance of
individuals at the prison law library and other inmates, and that due to lockdowns the library has been closed.
However, Davis is proceeding pro se and is not represented by counsel, and it is incumbent upon himself to
complete his own filings accurately. Davis also indicates in a conclusory fashion that he has not been given a
reasonable amount of time to complete an in forma pauperis application properly. However, Davis was
given two opportunities to prepare an accurately and properly completed in forma pauperis application form
and failed to do so. Davis has not explained why he was unable to properly complete an in forma pauperis
application form during the time period provided by the court. In addition, the court notes that Davis waited
a full year before filing this motion for reconsideration. Davis has not shown that the court erred in
dismissing the instant action, nor has Davis presented any new arguments or evidence that shows that the
instant action should be reinstated. Therefore, the motion for reconsideration is denied.

09C8009 Joseph Davis (K-60509) vs. Gregory Schwartz

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