United States District Court, N.D. Illinois, Eastern Division
June 10, 2004.
ENRIQUE PARDO, Plaintiff,
KENNETH BRILEY, et al., Defendants.
The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge
Enrique Pardo ("Pardo") has submitted a 42 U.S.C. § $1983
("Section 1983") Complaint against seven Illinois Department of
Corrections people, using the form Complaint provided by this
District Court's Clerk's Office for use by prisoners. In an
effort to obtain in forma pauperis status under 28 U.S.C. § 1915
("Section 1915"), Pardo has accompanied his Complaint with a
Clerk-provided form of In Forma Pauperis Application
("Application") and a six-month printout reflecting transactions
in Pardo's inmate trust fund account at Lawrence Correctional
Center, where he is now in custody (see Section 1915(a)(2)).
But Pardo's problem in that respect is that at all times during
the relevant six-month period the balance in his account has
fluctuated between a high of $485.66 and a low of $306.83, with
an end balance of $334.49 remaining in the account. That of
course is more than ample to enable Pardo to pay the $150 filing
fee. Accordingly the Application is denied, and Pardo is ordered
to pay the fee on or before June 21, 2004, failing which the
Complaint and this action will be dismissed for nonpayment.
Pardo has fallen short in another respect. Although this District Court's Rules and the Federal Rules of Civil Procedure
combine to require the submission of an original and a judge's
copy of every pleading, in addition to which copies must be
provided for service on each defendant if officers of the court
are to serve process (see Section 1915(d), applicable in the in
forma pauperis situation), Pardo has provided only the original
and seven counterparts of his bulky Complaint. This Court has
retained the original and the judge's copy in anticipation of
Pardo's payment of the filing fee, but the other six copies are
being returned to Pardo with a copy of this memorandum order so
that he may prepare the one necessary extra copy and arrange for
service on the defendants.
In that last respect, a photocopy of Fed.R.Civ.P. ("Rule") 4
is enclosed for Pardo with a copy of this memorandum order.
Pardo's attention is called particularly to the provision of
Rule 4(c)(2) that allows service to be effected by any non-party who
is at least 18 years of age and to the alternative possibility of
seeking a waiver of service in accordance with