Cross v. Ziolkowski et al

Filing 33

MEMORANDUM AND ORDER, The Court is DENYING his 2nd Motion (Doc. 24 ) for IFP, but SUSPENDING any payment under the initial IFP for a period of six months up to August 30, 2017. On or before August 30, 2017, the Plaintiff is DIRECTED to update this court on the status of his income and his ability to pay the fees in this matter. Signed by Judge J. Phil Gilbert on 1/30/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ALI L. CROSS,
Plaintiff,
vs.
CHRISTOPHER ZIOLKOWSKI, et al,
Defendants.

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Case No. 16-cv-00651-JPG-RJD

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s second motion for leave to proceed in forma
pauperis (“IFP”) (Doc. 24). Plaintiff filed this pro se civil rights action pursuant to 42 U.S.C. §
1983, along with his first IFP motion while he was confined at the Chester Mental Health Center.
The Court received notice from the Plaintiff on November 30, 2016, that he had been discharged.
(Doc. 20). Plaintiff provided the Court with his updated, post-release address.
Plaintiff was a prisoner when he filed this action. Therefore, he is obligated to pay the
entire filing fee under 28 U.S.C. § 1915(b)(1), which provides: “if a prisoner brings a civil
action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount
of a filing fee.” See Robbins v. Switzer, 104 F.3d 895, 897 (7th Cir. 1997). Section 1915(b)(1)
further establishes that a prisoner must prepay the filing fee in accordance with a statutory
schedule based upon transactions in his prison trust fund account. Plaintiff’s current released
status does not change the fact that he was a prisoner when he filed this action. See Robbins, 104
F.3d at 898. He “is liable for the whole fee (just like everyone else who proceeds IFP), and must
prepay according to the statutory schedule.” Id.

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Based upon the information contained in his prison trust fund account statement, Plaintiff
was not ordered to pay an initial partial filing fee, but was directed to pay monthly payments of
20% of the preceding month's income credited to Plaintiff's prison trust fund account until the
$350.00 filing fee was paid in full. Given that the plaintiff is currently homeless and has no
source of income, the Court is DENYING his 2nd Motion (Doc. 24) for IFP, but SUSPENDING
any payment under the initial IFP for a period of six months up to August 30, 2017.

On or

before August 30, 2017, the Plaintiff is DIRECTED to update this court on the status of his
income and his ability to pay the fees in this matter.
Plaintiff is further ADVISED that he is under a continuing obligation to keep the Clerk
of Court and each opposing party informed of any change in his address, and that the Court will
not independently investigate his whereabouts. This shall be done in writing and not later than
seven (7) days after a transfer or other change in address occurs. Failure to comply with this
order will cause a delay in the transmission of court documents, and may result in a dismissal of
this action for want of prosecution.
IT IS SO ORDERED.
DATED: 1/30/2017
s/J. Phil Gilbert
J. PHIL GILBERT
U.S. DISTRICT JUDGE

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