Trainor et al v. Gebke et al

Filing 29

IT IS HEREBY ORDERED that KEVEREZ TANZY shall submit, within 21 days of this order (on or before October 16, 2017), a certified copy of his prisoner trust fund statement covering the dates from Dec. 14, 2016 June 14, 2017. To enable Tanzy to compl y with this Order, the CLERK is DIRECTED to mail him another blank form Certification of trust fund statement, to be completed by the prison trust fund officer. Failure to comply with this Order will result in co-Plaintiff Tanzy's DISMISSAL from this action under Federal Rule of Civil Procedure 41(b), for failure to comply with an order of this Court. (Trust Fund Statement due on or before 10/16/2017). Signed by Judge David R. Herndon on 9/25/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
COREY TRAINOR, # B-51552,
MICHAEL TURNER, # K-51650,
and KEVEREZ TANZY, # B-76690,
Plaintiffs,
v.

No. 3:17-cv-00627-DRH

LARRY GEBKE,
ROBERT C. MUELLER,
MONICA CHRISTIANSON,
and OFFICER ROVENSTEIN,
Defendants.
ORDER and NOTICE OF IMPENDING DISMISSAL
HERNDON, District Judge:
This matter is before the Court for a status review.

On September 22,

2017, the Court received Co-Plaintiff Keverez Tanzy’s signed copy of the
Complaint. (Doc. 27). As this document now bears the signatures of all 3 coPlaintiffs, the Clerk is DIRECTED to file this copy of the Complaint (Doc. 27) as
the operative Complaint in this action.
Tanzy was also ordered (again) to submit a completed motion for leave to
proceed in forma pauperis (“IFP”), and to provide a copy of his prisoner trust
fund statement from Centralia Correctional Center, for the period from Dec. 14,
2016 - June 14, 2017 (representing the 6-month period before this joint action
was filed). (Doc. 24). This was the third time that Tanzy was notified of the
requirement to provide his trust fund statement. The Clerk advised him via letter

dated June 14, 2017, mailed when the case was opened (Doc. 4). The notice was
repeated in this Court’s order dated July 20, 2017 (Doc. 13).
In response to the order at Doc. 24, Tanzy returned another motion for
leave to proceed IFP (Doc. 28), which, like his previous IFP motions (Docs. 6 &
25), shows that Tanzy presently has no source of income. However, Tanzy failed
to provide the prisoner trust fund statement as ordered, and did not include any
explanation of his failure to include the statement or describe any efforts he may
have made to obtain it.

The statement should be readily available from the

Centralia Trust Fund Officer.
Under the Prisoner Litigation Reform Act (“PLRA”), because Tanzy was a
prisoner at the time this action was filed, he is required to submit a certified copy
of his prisoner trust fund account information so that the Court may determine
whether he is entitled to proceed IFP, and if so, set the amount of his initial
partial filing fee payment. See 28 U.S.C. § 1915(a)(2); (b)(1).
If Tanzy fails to submit the trust fund statement, he is subject to dismissal
from this action for failure to comply with an order of this Court. See FED. R. CIV.
P. 41(b).
DISPOSITION AND NOTICE OF IMPENDING DISMISSAL
IT IS HEREBY ORDERED that KEVEREZ TANZY shall submit, within 21
days of this order (on or before October 16, 2017), a certified copy of his prisoner
trust fund statement covering the dates from Dec. 14, 2016 – June 14, 2017. The

statement shall be mailed to the United States District Court, Clerk’s Office, 750
Missouri Avenue, P.O. Box 249, East St. Louis, Illinois, 62201.
To enable Tanzy to comply with this Order, the CLERK is DIRECTED to
mail him another blank form Certification of trust fund statement, to be
completed by the prison trust fund officer.
Failure to comply with this Order will result in co-Plaintiff Tanzy’s
DISMISSAL from this action under Federal Rule of Civil Procedure 41(b), for
failure to comply with an order of this Court. If Tanzy is dismissed from the
action, his filing fee shall remain due and payable. See 28 U.S.C. § 1915(b)(1);

Lucien v. Jockisch, 133 F.3d 464, 467-68 (7th Cir. 1998); Newlin v. Helman, 123
F.3d 429, 434 (7th Cir. 1997).
The Clerk is DIRECTED to send a copy of this order to plaintiffs Trainor,
Turner, and Tanzy.
IT IS SO ORDERED.

Digitally signed by
Judge David R.
Herndon
Date: 2017.09.25
16:47:06 -05'00'
UNITED STATES DISTRICT JUDGE