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Howell v. Walker

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


May 12, 2008

CRAIG HOWELL, PLAINTIFF,
v.
ROGER E. WALKER, JR., ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

Plaintiff, a prisoner proceeding pro se, has filed an Application to Proceed In Forma Pauperis pursuant to 28 U.S.C. § 1915 together with a civil action pursuant to 42 U.S.C. § 1983. 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 complaint, nor has he filed an affidavit that includes a statement of his assets as required by § 1915(a)(1). He states, however, that his custodian refuses to provide him with an account statement, and he asks the Court to direct this custodian to provide him with that documentation (Doc. 4).

IT IS HEREBY 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-monthperiod immediately preceding the filing of the complaint and an affidavit that includes a statement of his assets.

IT IS FURTHER ORDERED that upon conclusion of this thirty-day period, should Plaintiff fail to comply with this order, this case will be closed for failure 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).

The Clerk is DIRECTED send to Plaintiff two copies of this District's in forma pauperis motion form to assist him in providing that affidavit.

The Clerk is FURTHER DIRECTED to send a copy of this order to the warden at the Lawrence Correctional Center so that Plaintiff is able to obtain a copy of his account statement as required by this order and by federal statute.

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE

20080512

© 1992-2008 VersusLaw Inc.



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