Spivey v. Lt. Chapman et al

Filing 6

MEMORANDUM AND ORDER, Granting 4 MOTION for Leave to Proceed in forma pauperis filed by William O Spivey. Signed by Judge J. Phil Gilbert on 1/14/2011. (jdh)

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

WILLIAM SPIVEY, Inmate #K-81482,
Plaintiff,
vs.
SEAN FURLOW, et al.,
Defendants.

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CIVIL NO. 10-cv-689-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
This action is before the Court on Plaintiff’s motion to proceed in forma pauperis (Doc. 2).
The Court finds that Plaintiff, an inmate currently incarcerated in the Pickneyville Correctional
Center, is indigent and unable to pay the full filing fee in advance; therefore, leave to proceed in
forma pauperis is GRANTED. Pursuant to 28 U.S.C. § 1915(b), IT IS HEREBY ORDERED that
Plaintiff shall pay the $350.00 filing fee applicable to this civil action as follows:

$ 1.37

1.

Plaintiff shall pay an initial partial filing fee of
. See 28 U.S.C.
§ 1915(b)(1). The agency having custody of Plaintiff is DIRECTED to transmit this
amount from Plaintiff’s prison trust fund account to the Clerk of Court upon receipt
of this Memorandum and Order.

2.

Plaintiff shall make monthly payments of 20% of the preceding month’s income
credited to Plaintiff’s prison trust fund account until the filing fee is paid in full.

3.

The agency having custody of Plaintiff shall forward payments from Plaintiff’s
account to the Clerk of this Court each time the amount in the account exceeds $10
until the filing fee is paid. Payments shall be mailed to: Clerk of the Court, United
States District Court for the Southern District of Illinois, P.O. Box 249, East St.
Louis, Illinois 62202.

IT IS FURTHER ORDERED that if judgment is rendered against Plaintiff, and the
judgment includes the payment of costs under Section 1915, Plaintiff will be required to pay the full
amount of the costs, notwithstanding that his application to proceed in forma pauperis has been
granted. See 28 U.S.C. § 1915(f)(2)(A).
Plaintiff is ADVISED that at the time application was made under 28 U.S.C. § 1915 for
leave to commence this civil action without being required to prepay fees and costs or give security
for the same, the applicant and his or her attorney were deemed to have entered into a stipulation that
the recovery, if any, secured in the action shall be paid to the Clerk of the Court, who shall pay
therefrom all unpaid costs taxed against plaintiff and remit the balance to plaintiff. Local Rule
3.1(c)(1).
Plaintiff is ADVISED that he is under a continuing obligation to keep the Clerk and each
opposing party informed of any change in his address, and that the Court will not independently
investigate his whereabouts. This shall be done in writing and not later than seven (7) days after a
transfer or other change in address occurs. Failure to comply with this order will cause a delay in
the transmission of court documents, and may result in a dismissal of this action for want of
prosecution. The Clerk is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff
and to the Trust Fund Officer at the Pickneyville Correctional Center upon entry of this
Memorandum and Order.
IT IS SO ORDERED.
DATED:

1/14/2011

s/ J. Phil Gilbert
DISTRICT JUDGE
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