Johnson v. Lappin et al

Filing 4

ORDER re 2 MOTION for Leave to Proceed in forma pauperis: plaintiff to file 6-mos trust fund statement within 30 days. Signed by Judge David R Herndon on 4/17/07. (eed)

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Johnson v. Lappin et al Doc. 4 Case 3:07-cv-00269-DRH Document 4 Filed 04/17/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS NATHANIEL JOHNSON, #14937-424, Plaintiff, vs. HARLEY LAPPIN, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL NO. 07-269-DRH MEMORANDUM AND ORDER HERNDON, 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 submitted a statement that reflects only three months of activity. 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 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 Dockets.Justia.com Case 3:07-cv-00269-DRH Document 4 Filed 04/17/2007 Page 2 of 2 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). Plaintiff is ADVISED of his continuing obligation to keep the Clerk informed of any change in his whereabouts during the pendency of this action. This notification shall be done in writing and not later than seven (7) days after a transfer or other change in address occurs. IT IS SO ORDERED. DATED: April 17, 2007. /s/ David RHerndon DISTRICT JUDGE -2-

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