Brown v. Kimmel et al

Filing 4

ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by Kerry L Brown. Plaintiff shall submit prison trust fund account statement within 30 days. Signed by Judge Michael J. Reagan on 9/12/06. (hbs)

Brown v. Kimmel et al

Doc. 4

Case 3:06-cv-00666-MJR

Document 4

Filed 09/12/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS KERRY L. BROWN, Inmate #N32753, ) ) Plaintiff, ) ) vs. ) ) E. DAN KIMMEL, MICHAEL WEPSIEC, ) and DAN CLIFTON, ) ) Defendants. )

CIVIL NO. 06-666-MJR

MEMORANDUM AND ORDER REAGAN, District Judge: Plaintiff, a prisoner proceeding pro se, has filed an Application to Proceed In Forma Pauperis pursuant to 28 U.S.C. § 1915 together with a civil action pursuant to 42 U.S.C. § 1983. However, Plaintiff has not submitted a certified copy of his prison trust fund account statement for the sixmonth period immediately preceding the filing of the complaint as required by § 1915(a)(1). Instead, he has filed a trust fund account statement that shows only six weeks of activity. However, Plaintiff has been incarcerated at the Shawnee Correctional Center since April 2006.1 IT IS HEREBY ORDERED that Plaintiff shall submit, within THIRTY (30) DAYS of the date of the entry of this order, a certified copy of his prison trust fund account statement for the sixmonth period immediately preceding the filing of the complaint. Plaintiff is ADVISED that in the event he has been transferred among institutions during this six-month period, it is Plaintiff's responsibility to obtain a copy of his prison trust account statement from each such facility and to

1

See Brown v. Garnati, Case No. 06-cv-505-JPG (S.D. Illinois, filed June 26, 2006).

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Case 3:06-cv-00666-MJR

Document 4

Filed 09/12/2006

Page 2 of 2

forward it to the Court. Plaintiff is FURTHER ADVISED that his obligation to pay the filing fee for this action was incurred at the time the action was filed; such an obligation will exist whether or not Plaintiff is granted leave to proceed in forma pauperis. 28 U.S.C. § 1915(b)(1); see also Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). IT IS FURTHER ORDERED that upon conclusion of this thirty-day period, should Plaintiff fail to comply with this order, this case will be closed for failure to comply with an order of this Court. FED.R.CIV.P. 41(b); see generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). IT IS SO ORDERED. DATED this 12th day of September, 2006. s/ Michael J. Reagan MICHAEL J. REAGAN United States District Judge

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