Crosby v. Servant et al

Filing 8

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 8/1/2011: As stated below, since Plaintiff has not paid the filing fee or filed an accurately and properly completed in forma pauperis application form, this action is dismissed. All pending motions are hereby stricken. Motion for leave to proceed in forma pauperis 7 stricken. Civil case terminated (For further detail see written opinion). Mailed notice(smm)

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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 4215 CASE TITLE Sitting Judge if Other than Assigned Judge DATE 8/1/2011 Ronald Crosby (#2011-0101043) vs. Servant , et al. DOCKET ENTRY TEXT As stated below, since Plaintiff has not paid the filing fee or filed an accurately and properly completed in forma pauperis application form, this action is dismissed. All pending motions are hereby stricken. Civil case terminated. O[ For further details see text below.] Docketing to mail notices. STATEMENT This matter is before the court on Plaintiff Ronald Crosby’s (Crosby) second motion for leave to proceed in forma pauperis. On July 7, 2011, this court denied Crosby’s first motion for leave to proceed in forma pauperis. Crosby was given until July 28, 2011, to either pay the filing fee or file an accurately and properly completed in forma pauperis application form. Crosby was warned that if he failed to pay the filing fee or file an accurately and properly completed in forma pauperis application form by July 28, 2011, this case would be dismissed. On July 26, 2011, Crosby filed the instant motion. On his first in forma pauperis application form, Crosby had indicated that he had not received more than $200 from any source in the last twelve months. However, a review of Crosby’s prison trust account statement showed deposits totaling $240 in the last six months. In denying Crosby’s first in forma pauperis application form, the court noted the $240 in deposits. On the instant in forma pauperis application form, Crosby now indicates that he has received $240 in gifts in the last twelve months. However, Crosby has still not provided the court with accurate information concerning his financial status. A review of the prison trust account statement most recently filed shows a recent deposit, and the trust account statement indicates more than $240 in income in the last six months. Such income is not reflected on Crosby’s instant in forma 11C4215 Ronald Crosby (#2011-0101043) vs. Servant , et al. Page 1 of 2 STATEMENT pauperis application form. In addition, the court notes that there are inconsistencies on the two in forma pauperis application forms submitted by Crosby relating to prior employment history. Therefore, since Crosby has not paid the filing fee or filed an accurately and properly completed in forma pauperis application form, this action is dismissed. 11C4215 Ronald Crosby (#2011-0101043) vs. Servant , et al. Page 2 of 2

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