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Ugochukwu v. Ballard

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


September 26, 2007

OBIEKWE STEPHEN OKWUDIL UGOCHUKWU, PLAINTIFF,
v.
FRED BALLARD, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

The Court dismissed this action for Plaintiff's failure to pay the filing fee or file a motion to proceed in forma pauperis. Before the Court, now, is Plaintiff's motion challenging that dismissal (Doc. 32); he asserts that he did, in fact, file an in forma pauperis motion when he initiated this action.

No such motion appears anywhere in the docket of this action. However, after a painstaking search through every page of each document, the Court located a few pages attached to the complaint (Doc. 1, pp. 42-47) which are print-outs of Plaintiff's account activity. Such documents, standing alone, do not constitute a motion for leave to proceed in forma pauperis. The fact that Plaintiff may have filed such motions in other actions is irrelevant; each action must stand on its own.

However, attached to the instant motion is an actual in forma pauperis motion (Doc. 32-2, pp. 16-20), without any print-out of account activity. The Court infers that this submission is Plaintiff's attempt to remedy his earlier omission, which the Court accepts.

Therefore, the instant motion (Doc. 32) is GRANTED. The order closing this action (Doc. 29) is VACATED and HELD FOR NAUGHT. The Clerk shall REOPEN this case.

After reopening the case, the Clerk shall FILE Plaintiff's in forma pauperis motion (Doc. 32-2, pp. 16-20), as a separate document.

IT IS SO ORDERED.

David R Herndon DISTRICT JUDGE

20070926

© 1992-2007 VersusLaw Inc.



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