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Johnson v. Delgado

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


March 1, 2010

TERRY C. JOHNSON, PLAINTIFF,
v.
JOSE A. DELGADO, ET AL., DEFENDANTS.

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

MEMORANDUM AND ORDER

At the time he filed his pro se civil rights complaint pursuant to 42 U.S.C. § 1983 and his motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, Plaintiff was confined at the Menard Correctional Center. Although it appears that after filing the complaint and the instant motion to proceed in forma pauperis Plaintiff was released from confinement, he was detained at the time he filed these pleadings and, therefore, the prisoner provisions of 28 U.S.C. § 1915 still apply. See Robbins v. Switzer, 104 F.3d 895, 897-98 (7th Cir. 1997).

Following the procedure detailed by the Seventh Circuit in Robbins, this Court is required to calculate and Plaintiff is obligated to pay an initial partial filing fee based on Plaintiff's jail account information. Robbins, 104F.3d at 898-99.

IT IS THEREFORE ORDERED that the motions for leave to proceed(Docs. 2 and 3) in forma pauperis are GRANTED.

Based on the financial information provided with the motions to proceed in forma pauperis, IT IS FURTHER ORDERED that Plaintiff shall pay an initial partial filing fee of $14.52 within FIFTEEN (15) DAYS of the entry of this Order.

Additionally, because Petitioner is no longer detained or incarcerated, he must pay the remaining balance of the $350 filing fee ($335.48) or file a motion to proceed in forma pauperis with regard to the balance within FIFTEEN (15) DAYS of the entry of this Order. Robbins, 104 F.3d at 899.

IT IS FURTHER ORDERED that if Plaintiff does not comply with this Order in the time allotted, this case will be dismissed for failure to comply with an order of this Court. FED.R.CIV.P. 41(b); Robbins, 104 F.3d at 899; see also Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994).

IT IS FURTHER ORDERED that Plaintiff's motion to order the trust fund officer at Menard to provide a copy of the trust fund account statement is DENIED as moot.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge

20100301

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