United States of America V. Gaya

Filing 23

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 5/2/2013. Mailed notice by judge's staff. (srb,)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
UNITED STATES OF AMERICA,
Plaintiff,
v.
JOSE GAYA #19152-424,
Defendant.

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No.

12 C 9268
06 CR 896
USCA No. 13-1830

MEMORANDUM ORDER
On April 30 our Court of Appeals caused petitioner Jose
Gaya’s Motion To Proceed on Appeal In Forma Pauperis to be
transferred to this District Court for ruling.

But what has been

delivered to this Court’s chambers is only Gaya’s affidavit with
detailed information about his lack of wherewithal to pay the
$455 in appellate filing and docketing fees up front.

What is

totally missing from Gaya’s submission is the essential
information specified in 28 U.S.C. §19151--the certified copy of
Gaya’s trust fund account statement for the six-month period
immediately preceding the filing of the notice of appeal, to be
obtained by Gaya from the appropriate official at Memphis FCI,
where Gaya is and has been confined during that time period (see
Section 1915(a)(2)).

In this instance that six-month period

began on October 13, 2012 and ended on April 12, 2013.
Accordingly Gaya is ordered to obtain and to transmit to

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All further references to Title 28’s provisions will
simply take the form “Section--.”

this Court forthwith that essential information, so that this
Court can make the determination called for by Section 1915(b).
At that time this Court also anticipates considering and acting
on the issue addressed by Section 1915(a)(3).

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Milton I. Shadur
Senior United States District Judge
Date:

May 2, 2013

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