Washington v. Schumann et al

Filing 65

OPINION AND ORDER The Court ORDERS Pltf Washington to, on or before July 20, 2011: provide to the Court his prisoner trust account ledger statements and either pay the remainder of the $350.00 filing fee or advise the Court of his current financ ial situation. Washington is ADVISED that failure to respond to this Order may result in dismissal of this case. Signed by Magistrate Judge Paul R Cherry on 6/20/11. cc:pltf - reg & cert mail(kjp) Modified on 6/21/2011 to indicate Opinion & Order (kjp).

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION
JONATHAN FARLEY WASHINGTON,
Plaintiff,

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v.
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DANNY SCHUMANN, CITY OF EAST )
CHICAGO, MAYOR ANTHONY
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COPELAND, CITY OF EAST CHICAGO )
POLICE DEPARTMENT and POLICE
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CHIEF ANGELO MACHUCA, JR.,
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Defendants.
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Cause No. 2:09-CV-270 PRC

OPINION AND ORDER
This matter is before the court sua sponte. On September 4, 2009, Plaintiff Washington, at
the time an inmate at the Westville Correctional Facility, filed his Complaint along with a Motion
requesting leave to proceed in forma pauperis. The Court granted Washington leave to proceed
without full prepayment of fees and costs. Granting a prisoner’s request to proceed in forma
pauperis means that the inmate must pay the full filing fee, but may benefit from procedures
whereby he will be permitted to pay the fee in installments from his prison trust account. 28 U.S.C.
§ 1915(b). Washington paid the initial partial filing fee on October 29, 2010, and made two small
installment payments. He has paid a total of $38.18, and still owes $311.82 on the filing fee.
Plaintiff Washington has advised the Court that he has been released from custody and is no
longer confined in any jail or penal facility. When a prisoner is released from custody, the Court
must reconsider his pauper status and determine his ability to continue to make payments toward
the filing fee. Robbins v. Switzer, 104 F.3d 895, 898 (7th Cir. 1997). The former prisoner must still
pay “the sum that should have been remitted before release.” Id. Failure to pay the initial partial
filing fee and any installment payments the plaintiff should have made before his release will result
in the dismissal of the case for failure to prosecute. See id. at 897.

Accordingly, the Court hereby ORDERS Plaintiff Washington to, on or before July 20,
2011:
(1) provide to the Court his prisoner trust account ledger statements
for the period from October 29, 2010, until his release from the
Indiana Department of Correction, upon receipt of which the Court
will determine if Plaintiff owes any additional installment payments
for that period; and
(2) either
(A) pay the remainder of the $350.00 filing fee or
(B) advise the Court of his current financial situation.
The Court DIRECTS the Clerk to send to Plaintiff Washington, by certified mail return
receipt requested, this Order and a copy of the Court’s in forma pauperis petition for non-prisoners.
Plaintiff Washington is ADVISED that failure to respond to this Order may result in
dismissal of this case.
SO ORDERED this 20th day of June, 2011.
s/ Paul R. Cherry
MAGISTRATE JUDGE PAUL R. CHERRY
UNITED STATES DISTRICT COURT
cc:

All counsel of record
Plaintiff, pro se

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