McCain v. Herring, et al

Filing 79

MEMORANDUM AND ORDER, granting 76 MOTION for Extension of Time filed by Matthew M L McCain, and denying 78 MOTION filed by Matthew M L McCain.Signed by Judge J. Phil Gilbert on 10/1/2013. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MATTHEW M.L. MCCAIN,
Plaintiff,
v.

Case No. 13-cv-300-JPG-PMF

RICHARD W. HARRINGTON, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court for case management purposes. On April 16, 2013,
the Court allowed plaintiff Matthew M.L. McCain to proceed without prepayment of fees and
assessed an initial partial filing fee of $22.77 pursuant to 28 U.S.C. § 1915(b)(1) (Doc. 22). Not
having received the initial partial filing fee by July 22, 2013, Magistrate Judge Philip M Frazier
ordered McCain to pay it in full on or before August 23, 2013. McCain did not do so, and on
August 30, 2013, the Court extended his payment deadline to September 30, 2013, stayed this case
until further order of the Court and warned McCain that if he did not pay the entire initial partial
filing fee of $22.77 by September 30, 2013, the Court would dismiss this case without prejudice
(Doc. 72). McCain has not paid the $22.77 fee (or any part of it). However, he has asked for an
extension of time of 30 days to pay the fee, which he believed Menard Correctional Center
(“Menard”), the prison in which he is incarcerated, had already deducted from his account and paid
on his behalf and which he has also asked his mother to pay for him (Doc. 76). McCain has also
requested an order from the Court directing Menard to turn over $22.77 from his account, which he
believes he has in light of a recent $50.00 deposit he received (Doc. 78).
The Court GRANTS the motion for an extension of time (Doc. 76) and ORDERS that
McCain shall have up to and including October 25, 2013, to pay the entire initial partial filing fee

of $22.77. This case shall remain STAYED until further order of the Court and will be dismissed
if the entire initial partial filing fee is not received by that date. No further extensions of time will
be granted. The Court further ORDERS McCain to submit a copy of his prison trust fund
account statement for the past six months on or before October 31, 2013. The Court further
DENIES McCain’s motion for an order directing Menard to turn over the initial partial filing fee
(Doc. 78) and reminds McCain that he is ultimately responsible for ensuring Menard submits the
fee to the Court on his behalf and that he should fill out all forms necessary to achieve this.
IT IS SO ORDERED.
DATED: October 1, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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