United States District Court, S.D. Illinois
August 10, 2005.
TERRANCE VINSON, Plaintiff,
CLARENCE FAUST, et al., Defendants.
The opinion of the court was delivered by: WILLIAM STIEHL, Senior District Judge
MEMORANDUM AND ORDER
Plaintiff, a prisoner proceeding pro se, has filed an
Application to Proceed In Forma Pauperis pursuant to
28 U.S.C. § 1915 together with a civil action pursuant to 42 U.S.C. § 1983.
However, Plaintiff has not submitted a certified copy of his
prison trust fund account statement for the six-month period
immediately preceding the filing of the complaint as required by
In his motion, Plaintiff states that he has requested copies of
his account statements, but that he has yet to receive them from
the institutions; he believes that I.D.O.C. officials are
deliberately refusing to provide him with this information in
order to thwart his litigation efforts. The Court notes that the
Court's form affidavit was signed by Lynn Band on July 12, 2005,
but Band only provided a current account balance of $64.60; the
lines requesting Plaintiff's account balances for the preceding
three months were left blank. Given that the I.D.O.C. has not
previously demonstrated a pattern of withholding account
statements that are required by federal statute, the Court would
hope that the I.D.O.C.'s failure to provide an account statement
in this case was simply an oversight.
IT IS HEREBY ORDERED that Plaintiff shall submit, within
THIRTY (30) DAYS of the date of the entry of this order, a certified copy of his prison
trust fund account statement for the six-month period immediately
preceding the filing of the complaint. Plaintiff is ADVISED
that in the event he has been transferred among institutions
during this six-month period, it is Plaintiff's responsibility to
obtain a copy of his prison trust account statement from each
such facility and to forward it to the Court. Plaintiff is
FURTHER ADVISED that his obligation to pay the filing fee for
this action was incurred at the time the action was filed; such
an obligation will exist whether or not Plaintiff is granted
leave to proceed in forma pauperis. 28 U.S.C. § 1915(b)(1);
see also Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir.
IT IS FURTHER ORDERED that upon conclusion of this thirty-day
period, should Plaintiff fail to respond to this order, this case
may be closed for failure to comply with an order of this Court.
FED.R.CIV.P. 41(b); see generally Ladien v. Astrachan,
128 F.3d 1051 (7th Cir. 1997) ; Johnson v. Kamminga, 34 F.3d 466
(7th Cir. 1994).
In addition to the copy sent to Plaintiff, the Clerk is
DIRECTED to send a courtesy copy of this order to the trust
fund officer at Pinckneyville Correctional Center.
IT IS SO ORDERED.
© 1992-2005 VersusLaw Inc.