United States District Court, S.D. Illinois
October 19, 2005.
ALEX GILBERT, Plaintiff,
TIMOTHY COOK, et al., Defendants.
The opinion of the court was delivered by: CLIFFORD PROUD, Magistrate Judge
MEMORANDUM AND ORDER
This action comes before the Court on the Court of Appeals for
the Seventh Circuit's instruction to assess an initial partial
filing fee so that plaintiff might proceed in forma pauperis on
appeal. (Doc. 111).
IT IS HEREBY ORDERED that the agency having custody of
plaintiff shall remit the appellate fee of $255.00 from
plaintiff's prison trust account, if available.
If $255.00 is not available from plaintiff's prison trust
account, IT IS HEREBY ORDERED that plaintiff shall pay the
$255.00 filing fee applicable to this appeal as follows:
1. Plaintiff shall pay an initial partial filing fee
of $13.90. See 28 U.S.C. § 1915(b)(1). The
agency having custody of plaintiff is DIRECTED to
transmit this amount from plaintiff's prison trust
account to the Clerk of Court upon receipt of this
2. Plaintiff shall make monthly payments of 20% of
the preceding month's income credited to plaintiff's
prison trust account until the appellate filing fee
is paid in full.
3. The agency having custody of plaintiff shall
forward payments from plaintiff's account to the
Clerk of this Court each time the amount in the
account exceeds $10 until the filing fees are paid.
Payments shall be mailed to: Clerk of the Court,
United States District Court for the Southern District of
Illinois, P.O. Box 249, East St. Louis, Illinois
Plaintiff is ADVISED that he is responsible for ensuring
payment of the filing fees directed by this Order, and he should
ensure that the agency having custody of him transmits the
Plaintiff is FURTHER ADVISED that the obligation to ensure
full payment of the appellate filing fees imposed by this order
shall not be relieved by his transfer to another prison.
Plaintiff is under a continuing obligation to keep the Clerk of
this Court informed of any change in his whereabouts. This shall
be done in writing and not later than seven (7) days after a
transfer or other change in address occurs.
The Clerk is DIRECTED to mail a copy of this order to the
plaintiff, to the Seventh Circuit Court of Appeals, and to the
Trust Fund Officer at Tamms Correctional Center upon entry of
IT IS SO ORDERED.
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