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Ortiz v. Jackson County

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


May 30, 2006

JOHNNY ORTIZ, PLAINTIFF,
v.
JACKSON COUNTY, ILLINOIS, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

Plaintiff filed a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (Doc. 2), but he did not submit 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 § 1915(a)(1). In an order entered February 1, 2006, the Court directed him to file that document within 30 days (Doc. 4). The Court subsequently denied his motion to compel (Doc. 5), and gave him an additional 30 days to file his trust fund statement (see Doc. 6). Plaintiff has now filed a response to that order (Doc. 7) in which he claims that he did, in fact, file a copy of his trust fund statement, but that the statement may have been filed only in another case pending in this District.

The Court notes that a trust fund statement was filed on February 7, 2006, in that other case. See Ortiz v. Kilquist, Case No. 01-cv-075-DRH (S.D. Ill., Doc. 90). The Court further notes that nothing in Plaintiff's correspondence regarding that statement requests that the statement be filed in this action. However, giving Plaintiff the benefit of the doubt, the Court DIRECTS the Clerk to file a copy of that trust fund statement (Doc. 90) in the instant action.

Plaintiff is ADVISED that if he wishes a document to be filed in this case, he must file it separately and with this case number clearly marked on the document. Plaintiff should not rely on the Clerk to determine in which actions a particular document is to be filed. In the future, DOCUMENTS FILED IN ANOTHER CASE WILL NOT BE USED TO OBTAIN ANY TYPE OF RELIEF IN THE INSTANT CASE.

IT IS SO ORDERED.

DATED this 30th day of May, 2006.

MICHAEL J. REAGAN United States District Judge

20060530

© 1992-2006 VersusLaw Inc.



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