Rushing v. Gerst et al

Filing 20

MEMORANDUM AND ORDER denying without prejudice 9 MOTION for Leave to Proceed in forma pauperis filed by John Rushing. Signed by Judge J. Phil Gilbert on 4/19/2011. (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). Previously, the Court reserved ruling on the
instant motion so that Rushing could supplement the Court with his prisoner trust fund
account statements, which he has since done. See Docs. 17, 19.
A federal court may permit an indigent party to proceed without pre-payment of fees.
28 U.S.C. § 1915(a)(1) (2006). Nevertheless, 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, as the Court mentioned in its Memorandum and Order (Doc. 12) of March 11,
2011, it is clear from Rushing’s declaration that he is indigent. Said declaration has since
been bolstered by the contents of Rushing’s prisoner trust fund account statements.
That said, Rushing has already paid the $350.00 filing fee in this matter.
Furthermore, Rushing is not currently liable for any further costs, and it is unlikely that he
will be liable for any such costs in the near future. For these reasons, at this time, the Court

fails to see the need for Rushing to proceed in forma pauperis and Rushing has not so argued.
Accordingly, the Court DENIES the instant motion (Doc. 9) without prejudice. The Court
makes no finding as to whether Rushing’s claims are frivolous or malicious.
IT IS SO ORDERED.
DATED: April 19, 2011
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE