McDonald v. Porter et al

Filing 5

MEMORANDUM AND ORDER Directing Plaintiff to submit his certified account statement. Signed by Judge G. Patrick Murphy on 10/20/2008. (jwt)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS MAURICE #B42547, J. McDONALD, Inmate ) ) ) ) ) ) ) ) ) )

Plaintiff, vs. D. PORTER, et al., Defendants.

CIVIL NO. 08-cv-342-GPM

MEMORANDUM AND ORDER
MURPHY, District Judge: Plaintiff, a prisoner proceeding pro se, has filed a Motion to Proceed In Forma Pauperis pursuant to 28 U.S.C. § 1915 (Doc. 2) 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 six-month period immediately preceding the filing of the complaint or an affidavit that includes a statement of his assets as required by § 1915(a)(1). IT IS HEREBY ORDERED that Plaintiff shall submit, within TWENTY (20) DAYS of the date of the entry of this order, a certified copy of his prison trust fund account statement for the six-month 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 Page 1 of 2

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 twenty-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: 10/20/08

s/ZA G. PATRICK MURPHY United States District Judge

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