Simpson v. Donahoe

Filing 13

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 10/22/2013. Mailed notice by judge's staff. (srb,)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
BENESSE R. SIMPSON,
Plaintiff,
v.
PATRICK R. DONAHOE,
Postmaster General,
Defendant.

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No. 13 C 6141

MEMORANDUM ORDER
On September 24, 2013 this Court entered a memorandum order
(“Order II”) that denied the application of pro se plaintiff
Benesse Simpson (“Simpson”) for leave to file in forma pauperis
(“IFP”).

On October 10 Simpson responded by paying the $400

filing fee so that this case can go forward.
One subject that bears renewed mention at this threshold
stage is the timeliness of this action, a matter that this Court
had confirmed in its initial September 4, 2013 memorandum order
(“Order I”).

Because Order II, in denying Simpson’s motion for

IFP status, had allowed Simpson to pay the filing fee before
October 11 and she did so on October 10, this Court holds that
she is entitled to retain her original filing date of August 28
for purposes of coming within the 90-day limitation period
following her receipt of the final agency decision rejecting her
claim.
One last item.

Because Simpson is representing herself, she

should understand that she bears the responsibility for arranging

for service of process on defendant Donahoe.

In the meantime

this Court is issuing its customary initial scheduling order,
setting the first status hearing for 9 a.m. January 24, 2014.1

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

October 22, 2013

1

This Court has been advised that the random reassignment
procedure employed to establish the initial calendars of newly
installed District Judges has designated this case for
reassignment to the calendar of Judge-designate Sara Ellis, who
is scheduled to be sworn in on October 23. Hence the status
hearing date specified in the text simply implements the basic
principle that every pending action should have a next date set
to prevent any case from falling between the cracks--Judge Ellis
is free to retain or to change the January 24 date.