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)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DAVID L. SIMPSON,
Inmate #08701-026
Plaintiff,
vs.
USA, et al,
Defendants.

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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.
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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).
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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

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