Rushing v. Gerst et al

Filing 12

MEMORANDUM AND ORDER re 9 Motion for Leave to Proceed in forma Pauperis. the Court orders Rushing to submit a prison trust fund account statement. Clerk of Court directed to mail a copy of this Order to Rushing and to Trust Fund Officer. Signed by Judge J. Phil Gilbert on 3/11/2011. (dka, )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS JOHN RUSHING, Plaintiff, vs. GARY ANDREW GERST, Physician Assistant, Pinckneyville Correctional Center, Defendant. ) ) ) ) ) ) ) ) ) ) )

Case No. 10-cv-507-JPG-PMF

MEMORANDUM AND ORDER This matter comes before the Court on Plaintiff John Rushing's pro se Motion for Leave to Proceed in Forma Pauperis (Doc. 9) A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. § 1915(a)(1) (2006). If that party is a prisoner, he must also include a certified copy
of his trust fund account statement or institutional equivalent for the 6-month period immediately preceding the filing of the complaint or notice of appeal. § 1915(a)(2). In addition, a court can

deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious. § 1915(e)(2)(B)(i). Here, the Court is satisfied from Rushing's declaration that he is indigent. With that said, Rushing has not submitted the requisite certified copy of his trust fund account statement for the 6-month period preceding the filing of his Complaint (Doc. 1). Section 1915(a)(2) is clear that the submission of such a statement is required if one wishes to proceed in forma pauperis.

Being fully advises of the premises, the Court RESERVES RULING on the instant motion (Doc. 9). Further, the Court ORDERS Rushing to submit by March 25, 2011, a
certified copy of his prison trust fund account statement for the six months preceding the filing of his complaint. Finally, the Court DIRECTS the Clerk of Court to mail a copy of this memorandum and order to Rushing and to the trust fund officer at Dixon Correctional Center. The Court makes no finding as to whether Rushing's claims are frivolous or malicious.

IT IS SO ORDERED. DATED: March 11, 2011 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE