Middleton v. Berkley

Filing 39

Pursuant to 28 U.S.C. Section 1915(b)(1), in order to assess Plaintiffs IFP Motion, the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. Accordingly, on June 1, 2017, Plaintiff was ordered to provide a copy of his trust fund account statement for the period of 11/1/2016 through 5/23/2017. (Doc. 14 ). The Court received Plaintiffs trust fund account statement on June 16, 2017. (Doc. 24 ). However, Plaintiffs trus t fund account statement only dates back to May 16, 2017. ID. This is because Plaintiff did not enter IDOC custody until April 28, 2017 (according to a note from the trust fund account officer). Id. The Court also received a trust fund account statem ent on June 27, 2017. (Doc. 26 ). However, that account statement is not helpful because it is for an irrelevant time period (after the filing of the Complaint). Records indicate that prior to April 2017, Plaintiff was in custody at the Franklin Cou nty Jail. Section 1915(a)(2) states that a prisoner must obtain a trust fund account statement from the appropriate official of each prison at which [he] is or was confined during the relevant period. Accordingly, Plaintiff is ordered to provide a tr ust fund account statement from Franklin County Jail for the period of 11/1/2016 through 4/28/2017 (the period not covered by trust fund account statement currently on file). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at the Franklin County Jail, where it appears Plaintiff was previously incarcerated. Signed by Judge David R. Herndon on 8/1/2017. (jaj)

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CERTIFICATION RE: Dwayne J. Middleton Y21267 17-547-DRH I, ___________________________________________________, hereby certify that (Name and Title of Authorized Officer - please print) Dwayne J. Middleton currently has the sum of $______________ on account at Franklin County Jail. ___________________________________ Signature of Authorized Officer Dated: _____________________ PURSUANT TO 28 U.S.C. § 1915(a)(2), PLEASE ATTACH A COPY OF THE INMATE’S TRUST FUND ACCOUNT STATEMENT FOR THE PAST SIX MONTHS. Please mail the statement and this completed form to: Clerk of Court United States District Court Southern District of Illinois P.O. Box 249 East St. Louis, IL 62201 PS-17 Rev. 11/13

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