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Shepard v. Shah

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 1, 2006

MICHAEL ANTHONY SHEPARD, PLAINTIFF,
v.
DR. SHAH, DEFENDANT.

The opinion of the court was delivered by: Foreman, District Judge

MEMORANDUM AND ORDER

Plaintiff, a prisoner proceeding pro se, has filed a certificate signed by the trust fund officer at Vandalia Correctional Center (Doc. 2). However, he has not filed a motion for leave to proceed in forma pauperis, nor has he submitted a certified copy of his prison trust fund account statement for the six-month period immediately preceding the filing of the complaint or an affidavit that includes a statement of his assets as required by § 1915(a)(1).

IT IS HEREBY ORDERED that within THIRTY (30) DAYS of the date of the entry of this order, Plaintiff shall submit a motion for leave to proceed in forma pauperis, accompanied by both a certified copy of his prison trust fund account statement for the six-monthperiod 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 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).

The Clerk is DIRECTED to provide Plaintiff with the appropriate forms to enable him to comply with this order.

IT IS SO ORDERED.

James L Foreman DISTRICT JUDGE

20060201

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