Richmond et al v. United States of America et al

Filing 11

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 10/2/2012:As stated below, and since Plaintiffs have failed to provide the court with accurately and properly completed in forma pauperis application forms and have failed to pay the filing fee, the instant action is dismissed. All pending motions 8 , 9 , 10 are hereby stricken as moot. Civil case terminated. Mailed notice(rp, )

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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 12 C 6917 CASE TITLE Sitting Judge if Other than Assigned Judge DATE 10/2/2012 Peggy Richmond, et al. Vs. United States of America, et al. DOCKET ENTRY TEXT As stated below, and since Plaintiffs have failed to provide the court with accurately and properly completed in forma pauperis application forms and have failed to pay the filing fee, the instant action is dismissed. All pending motions [8], [9], [10] are hereby stricken as moot. Civil case terminated. O[ For further details see text below.] Docketing to mail notices. STATEMENT This matter is before the court on Plaintiff Peggy Richmond’s and Plaintiff Brady Richmond’s motions for leave to proceed in forma pauperis. On September 11, 2012, the court denied Plaintiffs’ prior motion for leave to proceed in forma pauperis. The court also stated that Plaintiffs were given until September 20, 2012, to either pay the filing fee or file an accurately and properly completed in forma pauperis application form. In addition the court warned Plaintiffs that if they fail to pay the filing fee or file an accurately and properly completed in forma pauperis application form by September 20, 2012, this case would be dismissed. Subsequently, on September 17, 2012, Peggy Richmond filed a motion for leave to proceed in forma pauperis. On September 18, 2012, Peggy Richmond filed an additional motion for leave to proceed in forma pauperis, and Brady Richmond filed a separate motion for leave to proceed in forma pauperis. Plaintiffs have failed to provide the court with accurately and properly completed in forma pauperis application forms. The three pending in forma pauperis application forms provided to the court contain conflicting financial information and thus fail to accurately apprise the court of the financial status of Page 1 12C6917 Peggy Richmond, et al. Vs. United States of America, et al. of 2 STATEMENT Plaintiffs. On the in forma pauperis application form submitted by Brady Richmond, he indicates that no one living at the same residence as him has received more than $200 from annuities in the last twelve months. However, on the second in forma pauperis application form prepared by Peggy Richmond, she indicates that she has received $3,267 from annuities in the last twelve months. Peggy Richmond indicates on the second in forma pauperis application form she submitted that she is the spouse of Brady Richmond and the pro se appearance form filed in this case lists the same address for Peggy Richmond and Brady Richmond. Therefore, since Plaintiffs have failed to provide the court with accurately and properly completed in forma pauperis application forms and have failed to pay the filing fee, the instant action is dismissed. Page 2 12C6917 Peggy Richmond, et al. Vs. United States of America, et al. of 2

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