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U.S. v. FRYER

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


April 7, 2003

UNITED STATES OF AMERICA, PLAINTIFF,
v.
EDDIE LEE FRYER, DEFENDANT.

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

MEMORANDUM

Eddie Lee Fryer ("Fryer") has moved for permission to appeal in forma pauperis from this Court's ruling rejecting his most recent effort to launch a post-conviction attack on his decade-old conviction. But what is reflected in Fryer's submission of a printout covering transactions in his trust fund account at the Federal Correctional Institution where he is housed is a disentitlement to such in forma pauperis treatment.

On the last date covered by that printout (March 14, 2003) Fryer had an account balance of $100.48, just below the $105 required for payment of appellate fees. But the statement shows that Fryer's most recent monthly earnings from Unicor have been in the $200 range, with somewhat lower earnings during the last part of 2002. Under those circumstances there appears to be no reason why Fryer should not be able to pay the $105 filing fees as soon as his incoming Unicor wages bring the balance in the trust fund account over that figure.

Accordingly this Court recommends the denial of leave to proceed on appeal in forma pauperis. This memorandum is being sent to the Court of Appeals for its consideration.

20030407

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