United States District Court, N.D. Illinois, Eastern Division
November 15, 2004.
ANDRE FERGUSON Plaintiff,
COOK COUNTY JAIL, et al., Defendants.
The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge
This action, sought to be advanced by Andre Ferguson
("Ferguson") under 42 U.S.C. § 1983 ("Section 1983"), has been
transferred to this District Court from the United States
District Court for the Southern District of Illinois (Ferguson is
a prisoner currently confined at Menard Correctional Center
"Menard"), so he must have assumed mistakenly that he should file
his lawsuit there). But two threshold matters must be addressed
before it may be determined whether this action may go forward:
1. Although Ferguson has attached a motion and
affidavit by which he seeks to proceed in forma
pauperis, he has not provided the required certified
statement or statements reflecting all the
transactions in his inmate trust account at Menard or
any other correctional institution where he has been
confined during the six month period that began April
22 and ended October 21, 2004 (when he signed his
Complaint). And under 28 U.S.C. § 1915 (a) (2), such
a printout from the institution or institutions showing such
transactions must be furnished before this Court can
address Ferguson's in forma pauperis request.
2. Cook County Jail, the first-named defendant in the
Complaint, is not a suable legal entity, so it must
be ignored as a possible party if the lawsuit goes
forward. Ferguson's other named defendant is "Michael
Sheffran" does he mean Sheriff Michael Sheahan or
Ferguson is granted until November 29, 2004 to cause to be
filed in this Court's chambers the required printout or printouts
referred to in paragraph 1, failing which this Court will be
constrained to dismiss the Complaint and this action without
prejudice. It is also expected that Ferguson will address the
questions raised in paragraph 2.
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