Poole v. Duncan et al

Filing 6

ORDER: Plaintiff is ORDERED to provide the Court with a filing fee of $400.00 or a properly completed Motion and Affidavit to Proceed in District Court Without Prepaying Fees or Costs on or before November 29, 2014. Failure to comply with thi s Order shall result in dismissal of this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). (Action due by 11/29/2014). Signed by Judge Nancy J. Rosenstengel on 10/31/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DeMARCO POOLE, # S-00804,

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Plaintiff,
vs.
WARDEN STEPHEN DUNCAN,
DR. J. COE,UNKNOWN NURSE,
and SCANNNING PINCKNEYVILLE,
Defendants.

Case No. 14-cv-01094-NJR

NOTICE OF IMPENDING DISMISSAL
ROSENSTENGEL, District Judge:
On October 9, 2014, Plaintiff DeMarco Poole filed a complaint (Doc. 1) in this Court
pursuant to 42 U.S.C. § 1983. In his complaint, Plaintiff claims that he was denied adequate
medical treatment for a bump next to his ear at Lawrence Correctional Center (Doc. 1). He sues
several Lawrence officials for allegedly violating his Eighth Amendment right to receive medical
care. Along with the complaint, Plaintiff filed a letter, which states that he would soon be
transferred to another facility and would provide the Court with his updated address at that time.
This case was opened without payment of a filing fee or the filing of a Motion and
Affidavit to Proceed in District Court Without Prepaying Fees or Costs (“IFP Motion”).
On October 10, 2014, the Clerk of Court sent Plaintiff a letter (Doc. 4) advising him that he must
pay

the

filing

fee

of

$400.00

or

file

an

IFP

Motion

within

thirty

days

(i.e., by November 9, 2014). Included with this letter was a form IFP motion. Plaintiff was
clearly warned that failure to pay the full filing fee or to file an IFP motion before
November 9, 2014, would result in dismissal of this case (Id.). Document 4 was sent to Plaintiff

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at the address listed on the complaint and on file with the Clerk’s Office in this action at the time
– c/o Lawrence Correctional Center, 10930 Lawrence Road, Sumner, Illinois 62466.
On October 16, 2014, Plaintiff provided the Court with his updated address,
i.e., Pinckneyville Correctional Center, P.O. Box 999, Pinckneyville, Illinois 62274. To date,
Plaintiff has not tendered payment of the $400.00 filing fee or filed an IFP motion. The Court is
mindful of the possibility that Plaintiff did not receive Document 4 at Lawrence before
transferring to Pinckneyville. For that reason, on October 30, 2014, the Clerk of Court re-sent
Plaintiff the October 10, 2014, letter at Pinckneyville. Under the circumstances, the Court is
extending the deadline for paying the filing fee or filing an IFP motion to November 29, 2014.
Plaintiff is hereby ORDERED to provide the Court with a filing fee of $400.00 or a
properly completed Motion and Affidavit to Proceed in District Court Without Prepaying Fees or
Costs on or before November 29, 2014. If Plaintiff files a Motion and Affidavit to Proceed in
District Court Without Prepaying Fees or Costs, the Court must review Plaintiff’s trust fund
account statement for the 6 month period immediately preceding the filing of this action. Thus,
Plaintiff must have the Trust Fund Officer at his facility complete the attached certification and
provide a copy of his trust fund account statement (or institutional equivalent) for the period
April 1, 2014 to October 9, 2014. This information should be mailed to the Clerk of Court at the
following address: United States District Court – Southern District of Illinois, 750 Missouri
Avenue, East St. Louis, Illinois 62201. The Clerk has already provided Plaintiff with a copy of
the Motion and Affidavit to Proceed in District Court Without Prepaying Fees or Costs and will
not need to send another form at this time.
Plaintiff is also ADVISED of his continuing obligation to keep the Clerk and each
opposing party informed of any change in his address.

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The Court will not independently

investigate Plaintiff’s whereabouts. This shall be done in writing and not later than seven days
after a transfer or other change in address occurs.
Failure to comply with this Order shall result in dismissal of this action for want of
prosecution and/or for failure to comply with a court order under Federal Rule of Civil
Procedure 41(b).
IT IS SO ORDERED.
DATED: October 31, 2014
s/ NANCY J. ROSENSTENGEL
NANCY J. ROSENSTENGEL
United States District Judge

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