Postlewaite v. Tredway et al

Filing 45

MEMORANDUM AND ORDER, The Court: DENIES the motion to proceed without paying the initial partial filing fee (Doc. 44 ); ORDERS Postlewaite to provide on or before November 23, 2015, an inmate trust fund statement showing the activity in his trust f und for the last 6 months; ORDERS Postlewaite to provide an updated inmate trust fund statement every 90 days thereafter; STAYS this case pending further order of the Court; and RESERVES RULING on the pending Report and Recommendation (Doc. 40). Signed by Judge J. Phil Gilbert on 11/5/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JARVIS LAMAR POSTLEWAITE,
Plaintiff,
v.

No. 14-cv-930-JPG-PMF

WARDEN TREDWAY, WARDEN
MOORE, CHAPLIN VAUGHN,
COUNSELOR WILLIAMS, SALVADOR
GODINEZ. WARDEN DUNCAN,
UNKNOWN DIETARY SUPERVISORS,
UNKNOWN MAILROOM SUPERVISORS,
and PHILLIP MARTIN,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Jarvis Lamar Postlewaite’s motion to
proceed without paying the initial partial filing fee (Doc. 44). The Court assessed an initial partial
filing fee of $10.07 in this case, but Postlewaite claimed to have some problem coming up with this
amount in light of his transfer to a different institution. He now asks the Court to relieve him
entirely of the obligation to pay the initial partial filing fee because he does not have the funds.
He claims he cannot demonstrate this because the prison in which he is housed refuses to provide
an inmate trust fund statement.
In these circumstances, the Court cannot excuse Postlewaite from his statutory obligation
to pay the initial partial filing fee, but believes it appropriate to order Postlewaite to provide an
updated 6-month inmate trust fund statement and stay this case until Postlewaite’s alleged
financial situation is corroborated. Accordingly, the Court:


DENIES his motion to proceed without paying the initial partial filing fee (Doc. 44);



ORDERS Postlewaite to provide on or before November 23, 2015, an inmate trust fund

statement showing the activity in his trust fund for the last 6 months;


ORDERS Postlewaite to provide an updated inmate trust fund statement every 90 days
thereafter;



STAYS this case pending further order of the Court; and



RESERVES RULING on the pending Report and Recommendation (Doc. 40).

IT IS SO ORDERED.
DATED: November 5, 2015
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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