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Campbell v. Frank

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


June 8, 2007

KEVIN CAMPBELL, PLAINTIFF,
v.
JOAN FRANK, AND MIKE FISHER, DEFENDANTS.

The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

By order dated May 17, 2007, the Seventh Circuit Court of Appeals recalled its mandate that the Clerk of the District Court collect the $455.00 appellate filing fee from plaintiff Campbell in connection with the above-captioned action and associated appeal (7th Cir. No. 07-1213). (Doc. 115). The appellate court's revised final order dictates that "no appellate filing fees are due."

A review of the record reflects that an initial partial payment of $61.07 was made on or about May 17, 2007. (Receipt 300 118784). An additional monthly installment payment is likely on its way from the Illinois Department of Corrections and/or Graham Correctional Center, which is charged with transmitting the monthly assessment from plaintiff's prison trust fund account.

IT IS THEREFORE ORDERED that the Clerk of Court shall refund to plaintiff, through the Department of Corrections/Graham Correctional Center Trust Fund Officer, the $61.07 payment already made to the Court. All further payments that may be made toward the appellate filing fee in Seventh Circuit appeal number 07-1213 must also be refunded to plaintiff in the same manner, as no appellate fee is owed.

The Clerk of Court shall mail a copy of this order to plaintiff and to the Trust Fund Officer at Graham Correctional Center.

IT IS SO ORDERED.

CLIFFORD J. PROUD U. S. MAGISTRATE JUDGE

20070608

© 1992-2007 VersusLaw Inc.



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