Hill v. Menges

Filing 3

IT IS HEREBY ORDERED that, within FOURTEEN (14) DAYS of the date of the entry of this Order (October 10, 2017), Plaintiff shall pay the $400 filing fee applicable to this action. In the alternative, Plaintiff may file a motion to proceed in for ma pauperis, supported by a certified copy of his prison trust fund account statement for the six-month period immediately preceding the opening of this case and an affidavit that includes a statement of his assets. IT IS FURTHER ORDERED that upo n conclusion of this fourteen day period, should Plaintiff fail to comply with this Order, this case will be closed for failure to comply with an order of this Court. (Action due by 10/10/2017). Signed by Judge J. Phil Gilbert on 9/25/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
BRIAN HILL,
Plaintiff,
vs.
GRANT MENGES,
Defendant.

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Case No. 17-cv-891-JPG

NOTICE OF IMPENDING DISMISSAL
Gilbert, District Judge:
On August 23, 2017, Plaintiff Brian Hill, an inmate in St. Clair County Jail (“Jail”),
brought suit for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. (Doc. 1).
Despite a notification from the Clerk on August 23, 2017 that he would be responsible for a
$400.001 filing fee in this action, Plaintiff has not yet paid the fee, nor has he filed a properly
supported motion for leave to proceed in forma pauperis. See 28 U.S.C. §§ 1914, 1915.
IT IS HEREBY ORDERED that, within FOURTEEN (14) DAYS of the date of the
entry of this Order (October 10, 2017), Plaintiff shall pay the $400 filing fee applicable to this
action. In the alternative, Plaintiff may file a motion to proceed in forma pauperis, supported by
a certified copy of his prison trust fund account statement for the six-month period immediately
preceding the opening of this case and an affidavit that includes a statement of his assets.
Plaintiff is ADVISED that in the event he has been transferred among institutions during this
six-month period, it is Plaintiff’s responsibility to obtain a copy of his prison trust account
statement from each such facility and to forward it to the Court. Plaintiff is FURTHER
ADVISED that his obligation to pay the filing fee for this action was incurred at the time the
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Pursuant to 28 U.S.C. § 1914, effective May 1, 2013, an additional $50.00 administrative fee is to be
assessed in all civil actions, along with a $350 filing fee, unless pauper status is granted.

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case was filed; such an obligation will exist whether or not Plaintiff is granted leave to proceed
in forma pauperis. 28 U.S.C. § 1915(b)(1); see also Lucien v. Jockisch, 133 F.3d 464, 467 (7th
Cir. 1998).
IT IS FURTHER ORDERED that upon conclusion of this fourteen day period, should
Plaintiff fail to comply with this Order, this case will be closed for failure to comply with an
order of this Court. 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).
IT IS SO ORDERED.
DATED: September 25, 2017
s/J. Phil Gilbert
United States District Judge

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