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Carter v. Illinois Dep't of Corrections

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


May 17, 2010

KEVEN LEE CARTER, PLAINTIFF,
v.
ILLINOIS DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS.

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

ORDER

In an Order dated March 11, 2010 (Doc. 104), this Court denied without prejudice Plaintiff's Motion for Leave to Appeal In Forma Pauperis ("IFP") (Doc. 101). Finding that Plaintiff had failed to meet the statutory requirements to obtain IFP status of appeal under 28 U.S.C. § 1915, the Court stated in its Order that Plaintiff could re-file his Motion, attaching his certified account statement.*fn1 To date, Plaintiff has not re-filed another motion requesting leave to proceed IFP on appeal. However, he currently has an appeal pending before the United States Court of Appeals for the Seventh Circuit which needs to move forward. Therefore, the Court sua sponte orders that its previous denial without prejudice of Plaintiff's Motion for Leave to Appeal IFP (Doc. 101) become a denial WITH PREJUDICE, effective as of the date of this Order.

Further, in accordance with FEDERAL RULE OF APPELLATE PROCEDURE 24, the Clerk of the Court is instructed to give notice of this order to the Parties and the Seventh Circuit. Also in accordance with Rule 24, Plaintiff may reapply for leave to appeal IFP with the United States Court of Appeals for the Seventh Circuit.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court


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