Casiano v. Dart et al
Filing
21
MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 10/23/2013.Mailed notice(mjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
DENNIS CASIANO #R72967,
Plaintiff,
v.
TOM DART, et al.,
Defendants.
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No.
13 C 2722
MEMORANDUM ORDER
Because the pro se 42 U.S.C. §1983 (“Section 1983”)
Complaint that had been filed by Dennis Casiano (“Casiano”)
stated a facially viable claim for deliberate indifference to his
serious medical needs,1 this Court’s April 16, 2013 memorandum
order (“Order”) promptly designated a member of this District
Court’s trial bar to represent Casiano on a pro bono publico
basis and contemporaneously issued its customary scheduling
order--all in advance of being able to make the calculation
called for by 28 U.S.C. §1915 (“Section 1915”) to address
Casiano’s In Forma Pauperis Application (“Application”).
For the
latter purpose this Court transmitted a copy of the Order to the
fiscal personnel at County Jail with a direction “to transmit
promptly to this Court’s chambers a printout of all transactions
in Casiano’s trust fund account there for the period from
February 1, 2013 through the current date.”
1
This Court has not of course made any factual findings in
that respect. Instead it has credited Casiano’s allegations, as
it was required to do for threshold ruling purposes.
Although for some unknown reason it took fully six months
for that “promptly” directive to be complied with, this Court has
just received an October 22 letter from Assistant State’s
Attorney Helen Gibbons enclosing the required printout.2
With
Casiano not having been booked at the Cook County Jail (“County
Jail”) until February 3 of this year, only a two-month period
before this action was filed is involved, rather than the sixmonth period contemplated by Section 1915(a)(2).
During that
two-month period the average monthly deposits to Casiano’s trust
fund account amounted to $156.50, 20% of which is $31.30 (both of
those amounts are the relevant numbers for purposes of Section
1915(b)(1)).
Accordingly the Application is granted to the
extent that Casiano need not pay the full $350 filing fee in
advance, although he must pay the entire fee in current and
future installments.
Casiano is therefore assessed that initial partial payment
of $31.30, and the trust fund officer at Sheridan Correctional
Center (“Sheridan,” where Casiano is now in custody) is ordered
to collect that amount from Casiano’s trust fund account and to
pay it directly to the Clerk of Court (“Clerk”):
Office of the Clerk
United States District Court
2
This Court should not be misunderstood as ascribing any
of the delay to ASA Gibbons--no doubt the delinquency in
treatment is attributable to the administrative personnel at the
County Jail.
2
219 South Dearborn Street
Chicago IL 60604
Attention:
Fiscal Department
Both that initial payment and all future payments called for in
this memorandum order shall clearly identify Casiano’s name and
the 13 C 2722 case number assigned to this action.
To implement
these requirements, the Clerk shall send a copy of this
memorandum order to the Sheridan trust fund officer.
After such initial payment, the trust fund officer at
Sheridan (or at any other correctional facility where Casiano may
hereafter be confined) is authorized to collect monthly payments
from Casiano’s trust fund account in an amount equal to 20% of
the preceding month's income credited to the account.
Monthly
payments collected from the trust fund account shall be forwarded
to the Clerk each time the amount in the account exceeds $10
until the full $350 filing fee is paid.
________________________________________
Milton I. Shadur
Senior United States District Judge
Date:
October 23, 2013
3
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