McCoy v. Wexford Health Sources, Inc. et al

Filing 6

ENTER MEMORANDUM Order Signed by the Honorable Sidney I. Schenkier on 7/18/2012: Mailed notice (jmp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
KENDALE McCOY #K-59039,
Plaintiff,
v.
WEXFORD HEALTH SERVICES, INC.,
et al.,
Defendants.

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No.

12 C 5467

MEMORANDUM ORDER
Kendale McCoy (“McCoy”) has submitted a lengthy selfprepared 42 U.S.C. §1983 Complaint against Wexford Health
Services, Inc. and a number of individuals.

McCoy has

accompanied the Complaint with an In Forma Pauperis Application
(“Application”) and a Motion for Appointment of Counsel
(“Motion”).
Because McCoy is in prison at Stateville Correctional Center
(“Stateville”), his in forma pauperis status vel non must be
determined in accordance with the special provisions that 28
U.S.C. §1915 (“Section 1915”) prescribes for persons in custody.
In this instance the six-month printout reflecting transactions
in McCoy’s Stateville trust fund account (see Section 1915(a)(2))
discloses average monthly deposits of $208.23, so that Section
1915(b)(1) calls for the installment payment of the full $350
filing fee, with the initial payment on account being 20% of that
figure, or $41.65.

Accordingly the Application is granted to the

extent that McCoy need not pay the full $350 filing fee in

advance, although he must pay the entire fee in current and
future installments.
McCoy is therefore assessed that initial partial payment of
$41.65, and the Stateville trust fund officer is ordered to
collect that amount from McCoy’s trust fund account and to pay it
directly to the Clerk of Court (“Clerk”):
Office of the Clerk
United States District Court
219 South Dearborn Street
Chicago IL 60604
Attention:

Fiscal Department

Both that initial payment and all future payments called for in
this memorandum order shall clearly identify McCoy’s name and the
12 C 5467 case number assigned to this action.

To implement

these requirements, the Clerk shall send a copy of this
memorandum order to the Stateville trust fund officer.
After such initial payment, the trust fund officer at
Stateville (or at any other correctional facility where McCoy may
hereafter be confined) is authorized to collect monthly payments
from McCoy’s trust fund account in an amount equal to 20% of the
preceding month's income credited to the account.

Monthly

payments collected from the trust fund account shall be forwarded
to the Clerk each time the amount in the account exceeds $10
until the full $350 filing fee is paid.
As for the Motion, McCoy has provided the required showing
of his unsuccessful efforts to obtain counsel on his own.
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This

Court accordingly grants the Motion and has obtained the name of
the following member of this District Court’s trial bar to
represent McCoy pro bono publico:
Robert W. Vyverberg, Jr.
Holland & Knight LLC
131 South Dearborn Street
30th Floor
Chicago IL 60603
Lastly, this Court is contemporaneously issuing its
customary initial order is cases newly assigned to its calendar.
Appointed counsel is expected to arrange for the service of
process on defendants.

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

July 18, 2012

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