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Holmes v. Walker

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


June 1, 2009

MONTRELL HOLMES, INMATE #B04248, PLAINTIFF,
v.
ROGER WALKER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Herndon, Chief 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. He has also filed a motion to compel Defendants to provide him with a certified copy of his prison trust fund account statement for the six-month period immediately preceding the filing of the complaint, as required by § 1915(a)(1) (Doc. 3); he alleges that Defendants have refused to provide him with this documentation.

This motion is GRANTED; the trust fund officer at Pinckneyville Correctional Center shall provide Plaintiff with the requested print-out within TEN (10) days of the date of entry of this order.

It follows that within THIRTY (30) DAYS of the date of the entry of this order, Plaintiff shall submit that certified copy of his prison trust fund account statement for the six-monthperiod immediately preceding the filing of the complaint. 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 action 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).

The Clerk is DIRECTED to provide a courtesy copy of this order to the Warden at Pinckneyville to facilitate compliance.

IT IS SO ORDERED.

David R Herndon CHIEF JUDGE UNITED STATES DISTRICT COURT

20090601

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