Ryburn et al v. Hulick et al

Filing 36

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 3/14/2011:Mailed notice(srn, )

Ryburn et al v. Hulick et al

Doc. 36

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION THOMAS V. RYBURN #B60455, Plaintiff, v. DON HULICK, et al., Defendants. ) ) ) ) ) ) ) ) )

No. 10 C 7024 (USCA No. 11-1260)

MEMORANDUM ORDER This Court is most appreciative of our Court of Appeals' issuance of a March 7, 2011 memorandum order in response to this Court's February 23 inquiry as to the payment of fees by Thomas V. Ryburn ("Ryburn") following his accumulation of three "strikes" that have brought him within the purview of 28 U.S.C. §1915(g). Because the applicability of that statute remains this

Court's view, it responds to Ryburn's February 22 "I.F.P. Supplement" and its attached trust fund account printout by holding that he is not entitled to claim in forma pauperis status. That being the case, this Court accordingly holds that

Ryburn is not in a position to proceed with his appeal until he pays $455 in appellate filing fees. This is of course an issue

that Ryburn may tender to the Court of Appeals for its determination. ________________________________________ Milton I. Shadur Senior United States District Judge Date: March 14, 2011

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