Young v. Eovaldi et al

Filing 37

MEMORANDUM AND ORDER, The Court rejects the report (doc. 29 ), denies as moot the plaintiff's second motion for leave to proceed in forma pauperis (doc. 25 )and warns the plaintiff that the Court may summarily dismiss with prejudice and without warning any case, whether now pending of filed in the future, in which he is untruthful as to his prison trust fund assets.Signed by Judge J. Phil Gilbert on 2/12/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHRISTOPHER E. YOUNG,
Plaintiff,
v.

Case No. 13-cv-702-JPG-DGW

SGT. EOVALDI, LT. VEATH, NINHT
SCOTT, DAVID TINDALL, JOHN DOES
1-7 and LT. PAGE,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
29) of Magistrate Judge Donald G. Wilkerson recommending that the Court reconsider its decision
to grant plaintiff Christopher E. Young in forma pauperis status because he was untruthful in his
representations to the Court in his motions for leave to proceed in forma pauperis (Docs. 2 & 25).
The Report further recommends reduction of the initial partial filing fee from $19.12 to $0.00, a
sanction in the amount of $19.12, and staying the case until the sanction is paid. Since Magistrate
Judge Wilkerson issued the Report, the Court has received an initial payment from Young in the
amount of $20.00.
The Court may accept, reject or modify, in whole or in part, the findings or
recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P.
72(b)(3). The Court must review de novo the portions of the report to which objections are made.
Id. “If no objection or only partial objection is made, the district court judge reviews those
unobjected portions for clear error.” Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir.
1999).
Young objects to the Report. He states he had no control over when funds are placed into

or taken out of his prison trust fund account. He also states he will try to pay the amount due.
In light of Young’s payment of the full initial partial filing fee, the Court sees no need to
disturb its original fee assessment and in forma pauperis finding (Doc. 7). Accordingly, the
Court:


REJECTS the Report (Doc. 29);



DENIES as moot the plaintiff’s second motion for leave to proceed in forma pauperis
(Doc. 25); and



WARNS the plaintiff that the Court may summarily dismiss with prejudice and without
further warning any case, whether now pending or filed in the future, in which he is
untruthful as to his prison trust fund assets.

IT IS SO ORDERED.
DATED: February 12, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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