IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
January 16, 2007
JOHN L. HUNT, INMATE #03684-025, PLAINTIFF,
ST. CLAIR COUNTY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gilbert, District Judge
MEMORANDUM AND ORDER
Plaintiff, a prisoner proceeding pro se, has filed a motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, together with a civil rights action. Plaintiff did provide a copy of his trust fund account statement with his motion (Doc. 2, p. 5). Interestingly, though, two lines have been blacked out -- the line reflecting his account balance, and the line reflecting total deposits to his account for the last six months. Providing false or misleading information to a court may be grounds for dismissal of an action, see FED.R.CIV.P. 11, but at this point the Court will not assume that Plaintiff is attempting to mislead the Court as to his assets.
IT IS THEREFORE ORDERED that, within THIRTY (30) DAYS of the date of the entry of this order, Plaintiff shall submit a duplicate copy of his prison trust fund account statement for the six-monthperiod immediately preceding the filing of the complaint. That account statement shall not have any information blacked out, altered, or omitted. 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).
IT IS SO ORDERED.
J. Phil Gilbert U. S. District Judge
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