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Ugochukwu v. Ballard

December 11, 2006

OBIEKWE STEPHEN OKWUDIL UGOCHUKWU, PLAINTIFF,
v.
CSC, GEO, FRED BALLARD, ROB FURLOW, CLIFF CAVINS, BRENDA BRITTON, KATTY WOOD, PATTY DAVIS, JASON KLEIN, LISA POTTER MASTERS, CHELENA DEWITT, NORMA JEAN STRAUSS, C/O BAILEY, A. LARRY, F. LARRY, DAVID MCCURRY, DEBBIE C., DEFENDANTS.



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

MEMORANDUM AND ORDER

Plaintiff, a federal detainee and inmate in the Kenosha County Jail in Kenosha, Wisconsin, bring this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983.

IN FORMA PAUPERIS

This action is before the Court on Plaintiff's motions to proceed in forma pauperis (Docs. 3 and 13). The Court finds that Plaintiff, an inmate currently incarcerated in the Kenosha County Jail, is indigent and unable to pay the full filing fee in advance; therefore, leave to proceed in forma pauperis is GRANTED. Pursuant to 28 U.S.C. § 1915(b), IT IS HEREBY ORDERED that Plaintiff shall pay the $350.00 filing fee applicable to this civil action as follows:

1. Plaintiff has been without funds for six months and is currently without funds, and he appears to have no means currently with which to pay an initial partial filing fee.

Accordingly, the Court will not assess an initial partial filing fee. See 28 U.S.C. § 1915(b)(4).

2. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account until the 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 fee is 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 62202.

IT IS FURTHER ORDERED that if judgment is rendered against Plaintiff, and the

judgment includes the payment of costs under Section 1915, Plaintiff will be required to pay the full amount of the costs, notwithstanding that his application to proceed in forma pauperis has been granted.

The Clerk is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff and to the Warden at Kenosha County Jail upon entry of this Order.

THRESHOLD REVIEW

This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides:

(a) Screening.-- The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for Dismissal.-- On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint--

(1) is frivolous, malicious, or fails to state a claim on which relief ...


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