Rush v. Dart

Filing 11

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 2/12/2013: Plaintiff was warned 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 acc ount statement by February 5, 2013, this case would be dismissed. The deadline has passed, and Plaintiff has 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 February 5, 2013. Therefore, the instant action is dismissed. Civil case terminated. [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

2/12/2013

Marcus Rush (K-57386) vs. Tom Dart

DOCKET ENTRY TEXT

Plaintiff was warned 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 February 5, 2013, this
case would be dismissed. The deadline has passed, and Plaintiff has 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 February 5, 2013. Therefore, the instant action is dismissed. Civil case terminated.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
On November 7, 2012, the court denied Plaintiff Marcus Rush’s (Rush) first 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 indicated in his motions that due to his transfer from one prison facility
to another, his mail has been delayed and he requested an extension of time 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 granted Rush one final extension. The in forma
pauperis application form filed on December 17, 2012, was stricken without prejudice. Rush was 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 was warned 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 February 5, 2013, this case would be dismissed. The deadline has passed,
and Rush has 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 February 5, 2013. Therefore, the instant
action is dismissed. The court also notes that Rush also has filed another case in 12 C 6709.

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

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