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Lott v. Geo International

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


December 3, 2007

JOHN ANTHONY LOTT, INMATE #06501- 025, PLAINTIFF,
v.
GEO INTERNATIONAL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: G. Patrick Murphy United States District Judge

MEMORANDUM AND ORDER

MURPHY, District Judge:

Plaintiff, a prisoner proceeding pro se, has filed an Application to Proceed In Forma Pauperis on appeal pursuant to 28 U.S.C. § 1915 (Doc. 10). However, Plaintiff has not submitted a certified copy of his prison trust fund account statement for the six-month period immediately preceding the filing of the notice of appeal or an affidavit that includes a statement of his assets as required by § 1915(a).

IT IS HEREBY ORDERED that Plaintiff shall submit, within FIFTEEN (15) DAYS of the date of the entry of this order, a certified copy of his prison trust fund account statement for the six-monthperiod immediately preceding the filing of the notice of appeal and an affidavit that includes a statement of his assets. 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 notice of appeal 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 fifteen-day period, should Plaintiff fail to comply with this order, Plaintiff's motion to proceed in forma pauperis on appeal will be denied for failing 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.

20071203

© 1992-2007 VersusLaw Inc.



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