Gonzalez v. Atchison et al

Filing 75

MEMORANDUM Order. Prisoner Gilberto Gonzalez ("Gonzalez") has filed a "motion to compel compliance with the District Court Order" (Dkt. 74). For the reasons briefly recounted here, this Court grants the motion. 1. This Court ag ain orders Menard Correctional Center to discontinue taking monthly deductions from Gonzalez's trust account there.2. This District Court's Clerk's Office is ordered (a) to refund $455 to Gonzalez, (b) to mail a copy of this memo randum order to the trust fund office at Menard Correctional Center and (c) to forward a copy of this memorandum order to the District Court's Fiscal Department so it may implement the $455 refund. Signed by the Honorable Milton I. Shadur on 10/22/2014. Mailed notice(tlp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA ex rel.
GILBERTO GONZALEZ, #K69916,
Petitioner,
v.
MICHAEL ATCHISON,
Respondent.

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Case No. 13 C 314
(Ct. of App. No. 13-2415)

MEMORANDUM ORDER
Prisoner Gilberto Gonzalez ("Gonzalez") has filed a "motion to compel compliance with
the District Court Order" (Dkt. 74). For the reasons briefly recounted here, this Court grants the
motion.
On April 23, 2014 this Court had entered a memorandum order ("Order") ruling that
petitioner Gonzalez was not required to pay $455 in appellate docketing fees in connection with
his appeal from this Court's denial of his 28 U.S.C. § 2254 habeas corpus petition. But Menard
Correctional Center, where Gonzalez is serving his prison sentence, has failed to comply with the
Order. In addition, due to administrative oversight the Order was apparently not transmitted to
this District Court's Fiscal Department. Accordingly:
1.

This Court again orders Menard Correctional Center to discontinue taking
monthly deductions from Gonzalez's trust account there.

2.

This District Court's Clerk's Office is ordered (a) to refund $455 to
Gonzalez, (b) to mail a copy of this memorandum order to the trust fund
office at Menard Correctional Center and (c) to forward a copy of this

memorandum order to the District Court's Fiscal Department so it may
implement the $455 refund.

__________________________________________
Milton I. Shadur
Senior United States District Judge
Date: October 22, 2014

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