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Hairston v. McCain

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


December 4, 2007

SHAUNTEZ HAIRSTON, PLAINTIFF,
v.
KENNETH MCCAIN, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

The Court previously granted Plaintiff's motion to proceed in forma pauperis (see Docs. 3, 4). However, the Court mistakenly identified Plaintiff's location as the Federal Medical Center in Rochester, Minnesota, rather than St. Clair County Jail. Accordingly, Plaintiff's motion to amend (Doc. 5) is GRANTED. The Court's prior order (Doc. 4) is VACATED.

The Court finds that Plaintiff is indigent and unable to pay the full filing fee in advance; therefore, leave to proceed in forma pauperis is GRANTED. Pursuant to 28 U.S.C. § 1915(b), IT IS HEREBY ORDERED that Plaintiff shall pay the $350.00 filing fee applicable to this civil action as follows:

1. Plaintiff has been without funds for six months and is currently without funds, and he appears to have no means currently with which to pay an initial partial filing fee. Accordingly, the Court will not assess an initial partial filing fee. See 28 U.S.C. §1915(b)(4).

2. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account until the filing fee is paid in full.

3. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the filing fee is paid. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, P.O. Box 249, East St. Louis, Illinois 62202.

IT IS FURTHER ORDERED that if judgment is rendered against Plaintiff, and the judgment includes the payment of costs under Section 1915, Plaintiff will be required to pay the full amount of the costs, notwithstanding that his application to proceed in forma pauperis has been granted.

Plaintiff is ADVISED of his continuing obligation to keep the Clerk informed of any change in his whereabouts during the pendency of this action. This notification shall be done in writing and not later than seven (7) days after a transfer or other change in address occurs.

The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to Plaintiff and to the Warden at St. Clair County Jail.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20071204

© 1992-2007 VersusLaw Inc.



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