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PATTON v. CADENZA

United States District Court, Northern District of Illinois, Eastern Division


March 26, 2003

RODNEY M. PATTON #064341, PLAINTIFF,
v.
TAMMY CADENZA, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Milton I. Shadur, Senior, United States District Judge

MEMORANDUM ORDER

Kane County Jail ("Jail") inmate Rodney Patton ("Patton") has used the form of 42 U.S.C. § 1983 *fn1 Complaint provided by this District Court's Clerk's Office to assert a claim against several defendants affiliated with the Jail, while coupling his the Complaint with an In Forma Pauperis Application ("Application"). This memorandum order is issued sua sponte to address problems posed by both of those documents.

As for the Complaint, Patton asserts in Complaint ¶ III.A that no grievance procedure is available at the Jail. That seems doubtful, and Section 1997e(a) prohibits the filing of an action such as Patton's "until such administrative remedies as are available are exhausted." Accordingly a copy of this memorandum order is being sent to the Jail with a request that an appropriate official there transmit to this Court's chambers on or before April 8, 2003 (with a copy being furnished to Patton) a statement that either identifies the administrative remedies provided there or confirms that none are provided.

As for the Applications it has not been accompanied with a printout showing transactions in Patton's trust fund account for the six-month period preceding his filing, as is required by 28 U.S.C. § 1915 (a)(2). And if Patton has also been confined in some other correctional institution during that six-month period (as seems to be indicated by his forwarding letter, which refers to his having been transferred before suit was filed), a similar printout must be obtained from that institution as well. Those materials must be transmitted to this Court's chambers on or before April 22, 2003.


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