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United States v. Villagrana

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


September 19, 2007

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
RICARDO VILLAGRANA, DEFENDANT-APPELLANT.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

On July 31, 2007, just one day after Ricardo Villagrana ("Villagrana") filed a notice of appeal from this Court's July 2, 2007 denial of his motion filed under 28 U.S.C. §2255,*fn1 this Court issued its memorandum order and statement that (1) drew Villagrana's attention to his need to comply with Section 1915's requirements if he were unable to pay the $455 in appellate filing fees up front and (2) stated why, in this Court's judgment, Villagrana did not qualify for the issuance of a certificate of appealability. Although Villagrana promptly complied with the first aspect of this Court's ruling by filing an in forma pauperis application and a printout covering the transactions in his trust fund account at FCI Terre Haute, Indiana,*fn2 the Clerk's Office inexplicably failed to provide this Court with a copy of those documents until now.*fn3 This Court has reviewed the trust fund account printout and has determined pursuant to Section 1915 that the average monthly deposits to that account during the six-month period ended July 30 came to $396.65, 20% of which is $79.33.

Accordingly Villagrana is granted leave to proceed with this appeal without prepayment of all the appellate filing fees. But he is assessed an initial fee of $79.33 on account of those aggregate filing fees, and the Terre Haute trust fund officer is ordered to collect that amount from Villagrana's trust fund account there and to pay it directly to the Clerk of Court ("Clerk"):

Office of the Clerk

United States District Court 219 South Dearborn Street Chicago IL 60604 Attention: Fiscal Department After such payment, the trust fund officer at Terre Haute (or at any other correctional facility where Villagrana may hereafter be confined) is authorized to collect monthly payments from his trust fund account in an amount equal to 20% of the preceding month's income credited to the account. Monthly payments collected from the trust fund account shall be forwarded to the Clerk each time the amount in the account exceeds $10 until the full $455 in filing fees is paid. Both the initial payment and all future payments shall clearly identify Villagrana's name and the 07-2840 United States Court of Appeals case number assigned to this action. To implement these requirements, the Clerk shall send a copy of this order to the Terre Haute trust fund officer.


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