United States District Court, N.D. Illinois, Eastern Division
December 9, 2005.
ANTWAN TURNIPSEED, Plaintiff,
OFFICER STATHAM, et al., Defendants.
The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge
Antwan Turnipseed ("Turnipseed") has tendered a self-prepared
Complaint under 42 U.S.C. § 1983 ("Section 1983").*fn1
Accompanying his Complaint are (1) an In Forma Pauperis
Application ("Application") that is in full compliance with
28 U.S.C. § 1915 ("Section 1915") and (2) a Motion for Appointment
of Counsel ("Motion"), each of those requests also being made on
a form provided by this District Court's Clerk's Office.
To begin with, this Court grants the Application as prescribed
by Section 1915(a) (1) but that means only that Turnipseed need
not pay the entire $250 filing fee in advance. Instead he is
liable for that full amount (Section 1915(b) (1)), to be paid in
Because the printout of Turnipseed's trust fund account
transactions at the Cook County Jail ("County Jail," where he is now in custody) shows no deposits at all during the six-month
period provided for in Section 1915(a) (2), no initial partial
filing fee needs to be made at this time under Section
1915(b)(1). But for future purposes the authorities at the County
Jail are required to comply with the provisions of Section
1915(b) (2) in calculating and in making payments on account of
the fee. All such payments must be marked with the 05 C 6815 case
number and transmitted to the Clerk of Court:
Clerk, United States District Court
219 South Dearborn Street
Chicago IL 60604
Attention: Fiscal Department
As for Turnipseed's substantive grievance, he fails at the
outset. Although he states in Complaint ¶ III.E that the
grievance procedure at the County Jail has been completed, that
is directly contradicted by his statements in Complaint ¶ III.C.
1 and C. 2, a photocopy of which statements is attached to this
memorandum order. And that being the case, the acknowledged
pendency of an investigation (the obvious meaning of Turnipseed's
reference to "vestication") means that he has not satisfied the
precondition to suit prescribed in 42 U.S.C. § 1997e(a).
That failure compels the dismissal of the Complaint and this
action, and this Court so orders. Finally, although the Motion is
deficient in having failed to provide the required information as
to Turnipseed's efforts to retain counsel on his own, that becomes irrelevant the Motion is simply denied as moot.
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