Rush v. Dart

Filing 10

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 1/8/2013: Since Plaintiff is proceeding pro se, the court will grant Plaintiff one final extension. The in forma pauperis application form filed December 17, 2012 9 , is stricken with out prejudice. Plaintiff is given until February 5, 2013, to either pay the filing fee or file an accurately and properly completed in forma pauperis application form with an updated prison trust account statement. Plaintiff is warned that if he fail s to pay the filing fee or file an accurately and properly completed in forma pauperis application form with an updated prison trust account statement by February 5, 2013, this case will be dismissed. [For further details see opinion.] 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

12 C 8727

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

1/8/2013

Marcus Rush (K-57386) vs. Tom Dart

DOCKET ENTRY TEXT

Since Plaintiff is proceeding pro se, the court will grant Plaintiff one final extension. The in forma pauperis
application form filed on December 17, 2012 [9], is stricken without prejudice. Plaintiff is given until
February 5, 2013, to either pay the filing fee or file an accurately and properly completed in forma pauperis
application form with an updated prison trust account statement. Plaintiff is warned that if he fails to pay the
filing fee or file an accurately and properly completed in forma pauperis application form with an updated
prison trust account statement by February 5, 2013, this case will be dismissed.
O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
This matter is before the court on Plaintiff Marcus Rush’s (Rush) motion for leave to proceed in
forma pauperis and motion for an extension of time. On November 7, 2012, the court denied Rush’s prior
motion for leave to proceed in forma pauperis. The court gave Rush until December 11, 2012, to either pay
the filing fee or file an accurately and properly completed in forma pauperis application form with an
updated prison trust account statement. The court warned Rush that if he failed to pay the filing fee or file an
accurately and properly completed in forma pauperis application form with an updated prison trust account
statement by December 11, 2012, this case would be dismissed. The docket in this case indicates that a
notice of change of address was entered in this case, and that on November 27, 2012, the Clerk’s Office
mailed Rush another copy of this court’s November 7, 2012 ruling. Since Rush is proceeding pro se and is
incarcerated, on December 11, 2012, the court extended the deadlines in this case. The court gave Rush until
January 3, 2013, to either pay the filing fee or file an accurately and properly completed in forma pauperis
application form with an updated prison trust account statement. The court also warned Rush that if he failed
to pay the filing fee or file an accurately and properly completed in forma pauperis application form with an
updated prison trust account statement by January 3, 2013, this case would be dismissed.
12C8727 Marcus Rush (K-57386) vs. Tom Dart

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STATEMENT
On December 17, 2012, Rush filed a second motion for leave to proceed in forma pauperis and a
motion for extension of time. Rush contends that due to his transfer from one prison facility to another, his
mail has been delayed and he requests an extension in order to acquire the necessary paperwork to complete
his in forma pauperis application form and get his updated prison trust account statement. Since Rush is
proceeding pro se, the court will grant Rush one final extension. The in forma pauperis application form
filed on December 17, 2012, is stricken without prejudice. Rush is given until February 5, 2013, to either pay
the filing fee or file an accurately and properly completed in forma pauperis application form with an
updated prison trust account statement. Rush is warned that if he fails to pay the filing fee or file an
accurately and properly completed in forma pauperis application form with an updated prison trust account
statement by February 5, 2013, this case will be dismissed.

12C8727 Marcus Rush (K-57386) vs. Tom Dart

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