Fountain v. Astrue

Filing 7

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 12/19/2011: The Court warned Plaintiff that failure to file the below-referenced motion and memorandum by December 15, 2011, or failure to pay the filing fee by December 15, 2011 would result in the dismissal of the instant action. The deadline has passed, and Plaintiff has neither filed the above-referenced motion and memorandum or paid the filing fee. Therefore, the instant action is dismissed. Civil case terminated. [For further details see written opinion.] Mailed notice (hp, )

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 7436

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

12/19/2011

Gladys Fountain vs. Michael J. Astrue

DOCKET ENTRY TEXT

The Court warned Plaintiff that failure to file the below-referenced motion and memorandum by December
15, 2011, or failure to pay the filing fee by December 15, 2011 would result in the dismissal of the instant
action. The deadline has passed, and Plaintiff has neither filed the above-referenced motion and
memorandum or paid the filing fee. Therefore, the instant action is dismissed. Civil case terminated.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
On November 8, 2011, the court denied Plaintiff Gladys Fountain’s (Fountain) motion for leave to
proceed in forma pauperis. In denying the motion, the court observed that Fountain had indicated on her in
forma pauperis application form that she has not been employed since 2007 and that neither she nor anyone
living in her household have received more than $200 income from any source in the past twelve months.
(IFP Par. 2, 4). The court also observed that Fountain had also indicated that neither she nor anyone living
in her household have any assets. (IFP Par. 5-9). The court concluded that Fountain had not shown how she
acquires the necessities of life under such circumstances, and the court therefore denied Fountain’s motion
for leave to proceed in forma pauperis. However, rather than dismissing the instant action, the court gave
Fountain an opportunity to provide sufficiently detailed information concerning her financial status.
The court admonished Fountain to file a new in forma pauperis application together with a
memorandum in the form of an affidavit indicating all income that Fountain or anyone residing in her
household receives, the sources of such income, all valuable assets owned by Fountain or members of her
household, and all expenses for Fountain and members of her household, including supporting documents.
The court gave Fountain until December 15, 2011 to file the above-referenced motion and the memorandum.
11C7436 Gladys Fountain vs. Michael J. Astrue

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STATEMENT
The court also indicated that if Fountain was unable to provide such information, the court would give
Fountain until December 15, 2011 to pay the filing fee. The court warned Fountain that failure to file the
above-referenced motion and memorandum by December 15, 2011, or failure to pay the filing fee by
December 15, 2011 would result in the dismissal of the instant action. The deadline has passed, and Fountain
has neither filed the above-referenced motion and memorandum or paid the filing fee. Therefore, the instant
action is dismissed.

11C7436 Gladys Fountain vs. Michael J. Astrue

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