Gray v. Gaetz et al

Filing 3

MEMORANDUM AND ORDER directing Plaintiff to pay filing fee or file ifp motion within 30 days. Signed by Chief Judge David R. Herndon on 10/20/10. (eed)

Gray v. Gaetz et al

Doc. 3

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

TREMAINE A. GRAY, Plaintiff, vs. DONALD GAETZ, Defendants.

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CIVIL NO. 10-cv-569-DRH

MEMORANDUM AND ORDER HERNDON, Chief Judge: Plaintiff, a prisoner proceeding pro se, has filed a civil action pursuant to 42 U.S.C. § 1983. Despite correspondence from the Clerk, Plaintiff has not yet paid the $350 filing fee for this action, nor has he filed a properly supported motion for leave to proceed in forma pauperis. See 28 U.S.C. §§ 1914, 1915. IT IS HEREBY ORDERED that, within THIRTY (30) DAYS of the date of the entry of this order, Plaintiff shall pay the $350 filing fee applicable to this action. In the alternative, Plaintiff may file a motion to proceed in forma pauperis, supported by 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 time the action was filed; such an obligation will exist whether or not Plaintiff is

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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 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). IT IS SO ORDERED. DATED: October 20, 2010.

David R. Herndon 2010.10.20 12:23:14 -05'00'
CHIEF JUDGE UNITED STATES DISTRICT COURT

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