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Daly v. Lapin

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


May 7, 2008

JAMES SCOTT DALY, PLAINTIFF,
v.
HARRY LAPIN, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

Plaintiff has filed a motion for leave to proceed in forma pauperis on appeal (Doc. 72). 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 28 U.S.C. § 1915(a)(2).

IT IS THEREFORE ORDERED that Plaintiff shall submit, within THIRTY (30) DAYS of the date of the entry of this order, a certified copy of his prison trust fund account statement for the six-month period 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 $455 filing fee for this appeal 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 on appeal. See Newlin v. Helman, 123 F.3d 429 (7th Cir. 1997), overruled on other grounds, Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). Failure to file a certified copy of the prison trust account statement required by 28 U.S.C. § 1915 (a)(2) within thirty days will be construed as equivalent to a decision to dismiss the appeal. See Thurman v. Gramley, 97 F.3d 185, 187 (7th Cir. 1996).

DavidRHerndon DISTRICT JUDGE

20080507

© 1992-2008 VersusLaw Inc.



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