IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
February 1, 2010
RICHARD B. KELLY, #B-76238, PLAINTIFF,
JACOB D. NULL, ET AL. DEFENDANTS.
The opinion of the court was delivered by: Murphy, District Judge
APPEAL No. 09-3846
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff's motion for leave to proceed in forma pauperis on appeal (Doc. 101). The Court finds that Plaintiff is indigent. Furthermore, the Court is unable to certify that this appeal is not taken in good faith. See 28 U.S.C. § 1915 (a)(3). Therefore, the instant motion is GRANTED.
IT IS HEREBY ORDERED that Plaintiff shall pay the appellate filing fee of $455.00 as follows:
1. Plaintiff has been without funds for six months, he 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 $10.00 until the filing fee is paid in full. 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.
Plaintiff is ADVISED that he is responsible for ensuring payment of the filing fees directed by this Order, and he shouldensure that the agency having custody of him transmits the necessary funds. Plaintiff is FURTHER ADVISED that nonpayment for any reason other than destitution shall be construed as a voluntary relinquishment of the right to file future suits in forma pauperis. Thurman v. Gramley, 97 F.3d 185, 187 (7th Cir. 1996).
Plaintiff is FURTHER ADVISED that the obligation to ensure full payment of the filing fees imposed by this Order shall not be relieved by his transfer to another prison. Plaintiff is under a continuing obligation to keep the Clerk of this Court informed of any change in his whereabouts. This 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 Trust Fund Officer at Tamms Correctional Center upon entry of this Order.
IT IS SO ORDERED.
G. PATRICK MURPHY United States District Judge
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