Jackson v. Walker et al

Filing 4

ORDER re 2 MOTION for Leave to Proceed in forma pauperis; Plaintiff to file trust fund statement within 30 days. Signed by Judge David R Herndon on 9/6/07. (eed)

Jackson v. Walker et al

Doc. 4

Case 3:07-cv-00625-DRH

Document 4

Filed 09/06/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS NATHANIEL JACKSON, #B-13583, Plaintiff, vs. ROGER E. WALKER, JR., et al., Defendants. ) ) ) ) ) ) ) ) )

CIVIL NO. 07-625-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, nor has he filed an affidavit that includes a statement of his assets as required by § 1915(a)(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 and an affidavit that includes a statement of his assets. 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

Dockets.Justia.com

Case 3:07-cv-00625-DRH

Document 4

Filed 09/06/2007

Page 2 of 2

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). The Clerk is DIRECTED to provide Plaintiff with two copies of this District's in forma pauperis motion form to assist him in complying with this order. IT IS SO ORDERED. DATED: September 6, 2007.

/s/ DavidRHerndon DISTRICT JUDGE

-2-