United States District Court, S.D. Illinois
October 11, 2005.
JOSIAH COMPTON, Inmate #SD 28503, Plaintiff,
THOMAS E. HILDERBRAND, 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 a civil
action pursuant to 28 U.S.C. § 1331. When he filed this action on
August 9, 2005, he paid $150 towards the filing fee; the Clerk
then advised him, in writing, that the filing fee for a civil
action is $250, not $150. Despite that correspondence from the
Clerk, Plaintiff has not yet paid the $100 balance due on the
filing fee for this action, nor has he filed a properly supported
motion for leave to proceed in forma pauperis. See
28 U.S.C. §§ 1914, 1915.
IT IS HEREBY ORDERED that, within THIRTY (30) DAYS of the
date of the entry of this order, Plaintiff shall pay the $100
balance of the filing fee due in this action. In the alternative,
Plaintiff may file a motion to proceed in forma pauperis,
supported by a certified copy of his prison trust fund account
statement for the six-month period immediately preceding the
filing of the complaint and an affidavit that includes a
statement of his assets. 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 full 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. 1998).
IT IS FURTHER ORDERED that upon conclusion of this thirty-day
period, should Plaintiff fail to comply with this order, this
case will 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).
Plaintiff is ADVISED of his continuing obligation to keep the
Clerk informed of any change in his whereabouts during the
pendency of this action. This notification shall be done in
writing and not later than seven (7) days after a transfer or
other change in address occurs.
IT IS SO ORDERED.
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