Simpson v. USA et al

Filing 4

MEMORANDUM AND ORDER granting 2 MOTION for Leave to Proceed in forma pauperis filed by David L. Simpson.Signed by Judge J. Phil Gilbert on 6/23/2017. (Attachments: # 1 IFP Consent Form)(jaj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DAVID L. SIMPSON, Inmate #08701-026 Plaintiff, vs. USA, et al, Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 17-563-JPG MEMORANDUM AND ORDER GILBERT, District Judge: This action is before the Court on Plaintiff’s motion to proceed in forma pauperis (“IFP”) (Doc. 2). The Court finds that Plaintiff, an inmate currently incarcerated in the Marion United States Penitentiary, is indigent and unable to pay the full filing fee in advance; therefore, leave to proceed IFP is GRANTED. Pursuant to 28 U.S.C. § 1915(b), IT IS HEREBY ORDERED that Plaintiff shall pay the $350.00 filing fee applicable to this civil action as follows: 1. Plaintiff shall pay an initial partial filing fee of $ 8.33. See 28 U.S.C. § 1915(b)(1). The agency having custody of Plaintiff is DIRECTED to transmit this amount from Plaintiff’s prison trust fund account to the Clerk of Court upon receipt of this Memorandum and Order. 2. Plaintiff shall make monthly payments of 20% of the preceding month’s income credited to Plaintiff’s prison trust fund account (including all deposits to the inmate account from any source) until the filing fee is paid in full. 3. The agency having custody of Plaintiff shall forward payments from Plaintiff’s account to the Clerk of this Court each time the amount in the account exceeds $10 until the filing fee is paid. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, P.O. Box 249, East St. Louis, Illinois 62202. Page 1 of 3 To enable the Bureau of Prisons to remit these payments to the Clerk of Court as required by 28 U.S.C. § 1915, IT IS FURTHER ORDERED that Plaintiff shall complete, sign, and return one “Consent Form -- In Forma Pauperis Proceedings” to the Clerk of this Court in the envelope provided, within FIFTEEN (15) DAYS of the date of entry of this Order. The Clerk is DIRECTED to provide two copies of the appropriate form to Plaintiff with his copy of this Order, along with a pre-addressed return envelope. Failure to provide the Clerk of Court with this authorization shall be grounds for dismissal of this case. FED. R. CIV. P. 41(b); see generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). Nonetheless, Plaintiff will still be liable for the full filing fee for this action. In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O’Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. “Five suits or appeals mean that the prisoner’s entire monthly income must be turned over to the court until the fees have been paid.” Id. IT IS FURTHER ORDERED that if judgment is rendered against Plaintiff, and the judgment includes the payment of costs under Section 1915, Plaintiff will be required to pay the full amount of the costs, notwithstanding that his application to proceed in forma pauperis has been granted. See 28 U.S.C. § 1915(f)(2)(A). Page 2 of 3 Plaintiff is ADVISED that at the time application was made under 28 U.S.C. § 1915 for leave to commence this civil action without being required to prepay fees and costs or give security for the same, the applicant and his or her attorney were deemed to have entered into a stipulation that the recovery, if any, secured in the action shall be paid to the Clerk of the Court, who shall pay therefrom all unpaid costs taxed against plaintiff and remit the balance to plaintiff. See SD-IL Local Rule 3.1(c)(1). Plaintiff is ADVISED that he is under a continuing obligation to keep the Clerk 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. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff. Upon receipt of Plaintiff’s signed consent form, the Clerk shall mail a copy of this Memorandum and Order to the Warden at Marion United States Penitentiary, with an executed copy of the consent form. IT IS SO ORDERED. DATED: June 23, 2017 s/J. Phil Gilbert United States District Judge Page 3 of 3

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