Miller v. Turner et al

Filing 29

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 12/6/2012: The trust fund officer at Plaintiff's place of confinement is ordered to collect the initial partial filing fee of $2.28 and, once the amount is collected, to imme diately transfer the funds to the Clerk of the Court of the United States District Court for the Northern District of Illinois at 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor. The Clerk of this court is directed to serve or forward a copy of this order to the trust fund officer at Plaintiff's place of confinement. In addition, the Clerk of this court should notify this court when such amount is collected. Pursuant to the Seventh Circuit's order, Plaintiff may not proceed in this case until the initial partial filing fee has been paid. [For further details see opinion.]Signed by the Honorable Samuel Der-Yeghiayan on 12/6/2012. Mailed notice. (np, )

Order Form (01/2005)

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

Samuel Der-Yeghiayan

CASE NUMBER

11 C 1127

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

12/6/2012

Ryan Miller (R-58096) vs. Leslie Turner, et al.

DOCKET ENTRY TEXT

The trust fund officer at Plaintiff’s place of confinement is ordered to collect the initial partial filing fee of
$2.28 and, once the amount is collected, to immediately transfer the funds to the Clerk of the Court of the
United States District Court for the Northern District of Illinois at 219 S. Dearborn St., Chicago, Illinois
60604, attn: Cashier’s Desk, 20th Floor. The Clerk of this court is directed to serve or forward a copy of this
order to the trust fund officer at Plaintiff’s place of confinement. In addition, the Clerk of this court should
notify this court when such amount is collected. Pursuant to the Seventh Circuit’s order, Plaintiff may not
proceed in this case until the initial partial filing fee has been paid.
O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
Pursuant to the Seventh Circuit’s order, this court will assess an initial partial filing fee in this case for
Plaintiff Ryan Miller (Miller). The court notes that in addition to the instant action, Miller also has a pending
action in case number 11 C 2151. Pursuant to 28 U.S.C. § 1915, a “prisoner [that] brings a civil action or
files an appeal in forma pauperis, . . . shall be required to pay the full amount of a filing fee.” 28 U.S.C. §
1915. A court must “assess and, when funds exist, collect, as a partial payment of any court fees required by
law, an initial partial filing fee of 20 percent of the greater of–(A) the average monthly deposits to the
prisoner’s account; or (B) the average monthly balance in the prisoner’s account for the 6-month period
immediately preceding the filing of the complaint or notice of appeal.” Id. The prison trust account
statement filed by Miller in this case indicates that his average monthly deposit was negative $52.57. The
average monthly balance during that period was approximately $11.43. Therefore, the initial partial filing fee
will be 20 percent of $11.43, which is $2.28.
The trust fund officer at Miller’s place of confinement is ordered to collect the initial partial filing fee
of $2.28 and, once the amount is collected, to immediately transfer the funds to the Clerk of the Court of the

11C1127 Ryan Miller (R-58096) vs. Leslie Turner, et al.

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STATEMENT
United States District Court for the Northern District of Illinois at 219 S. Dearborn St., Chicago, Illinois
60604, attn: Cashier’s Desk, 20th Floor. The Clerk of this court is directed to serve or forward a copy of this
order to the trust fund officer at Miller’s place of confinement. In addition, the Clerk of this court should
notify this court when such amount is collected. Pursuant to the Seventh Circuit’s order, Miller may not
proceed in this case until the initial partial filing fee has been paid.
After payment of the initial partial filing fee, the trust fund officer at Miller’s place of confinement is
directed to collect monthly payments from Miller’s trust fund account in an amount equal to 20% of the
preceding month’s income credited to the account. Monthly payments collected from Miller’s trust fund
account shall be forwarded to the Clerk of Court each time the amount in the account exceeds $10 until the
full $350 is paid. All payments shall be sent to the Clerk of the Court of the United States District Court for
the Northern District of Illinois at 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier’s Desk, 20th
Floor, and shall clearly identify Miller’s name and case number assigned to this action. The trust fund officer
at Miller’s place of confinement shall notify transferee authorities of any outstanding balance in the event
Miller is transferred from the jail to another correctional facility.

11C1127 Ryan Miller (R-58096) vs. Leslie Turner, et al.

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