Burns v. Fenoglio et al

Filing 163

ORDER DENYING 162 Motion. Trust Fund Officer to provide documentation re filing fee by January 11, 2017. Signed by Magistrate Judge Donald G. Wilkerson on 12/29/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TYRONE BURNS,
Plaintiff,
v.
JAMES FENOGLIO, et al.,
Defendants.

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Case No. 3:11-cv-1104-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion for Reconsideration filed by Plaintiff, Tyrone
Burns, on December 19, 2016 (Doc. 162). The Motion is DENIED WITHOUT PREJUDICE.
Plaintiff submitted $107.59 towards his initial partial filing fee that was ordered by the
Court on May 4, 2016. It appears that the money, however, went missing: it was not received by
either the Clerk of this District or by the Clerk of Court for the Seventh Circuit Court of Appeals
despite being withdrawn from Plaintiff’s trust fund account. On September 9, 2016, this Court
ordered the following:
The Trust Fund Office at the ILLINOIS RIVER CORRECTIONAL CENTER is
DIRECTED to submit to chambers via the Clerk of Court a copy of the cancelled
check (and/or any other document evidencing payment and to whom payment was
made) referenced by Plaintiff, Tyrone Burns (#B13733) as having been mailed to
the Court of Appeals in Chicago, Illinois, in the amount of $107.59 on or about
June 26, 2016. The information shall be submitted by September 19, 2016. The
Clerk of Court is DIRECTED to mail or transmit this Order to the Trust Fund
Office at the above institution.
(Doc. 161).
According to a Counseling Summary memo dated September 27, 2016 from Bonnie Frakes, an
“Account Technician I,” to Plaintiff, the prison responded to the Court’s Order with

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“documentation sent to the US District Court-Southern Region” (Doc. 163, p. 3). Unfortunately,
neither the Clerk nor this Court has received the documentation mentioned in the memo.
Therefore, Bonnie Frakes, or the Trust Fund Officer at the Illinois River Correctional Center, is
DIRECTED to re-submit the “documentation” regarding the missing check for $107.59 for the
Court’s review. Such documentation should include a copy of the cancelled check and/or any
other document evidencing payment and to whom payment was made as indicated in the Court’s
previous Order. In order to prevent any mis-direction, the information should be mailed directly
to the chambers of the undersigned (Magistrate Judge Donald G. Wilkerson, 750 Missouri
Avenue, East St. Louis, IL 62201) by January 11, 2017.
The Clerk of Court is DIRECTED to mail or transmit this Order to Bonnie Frakes and the
Trust Fund Officer at the Illinois River Correctional Center forthwith.
DATED: December 29, 2016

DONALD G. WILKERSON
United States Magistrate Judge

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