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Hall v. Brown

July 15, 2010

MICHAEL HALL (B-40832)
v.
BROWN, ET AL.



Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Robert M. Dow than Assigned Judge

DOCKET ENTRY TEXT

Plaintiff is given 30 days from the date of this order either to file an in forma pauperis application on the enclosed form with the information required by § 1915(a)(2) or to pay the full $350 filing fee. The complaint is dismissed without prejudice. Plaintiff is given 30 days from the date of this order to submit an amended complaint. The Clerk is directed to send Plaintiff an in forma pauperis application, one copy of the amended civil rights complaint form and instructions for filing, along with a copy of this order. If Plaintiff does not comply with this order, this action will be dismissed with prejudice.

O [For further details see text below.] Docketing to mail notices.

STATEMENT

Although the clerk has accepted this pro se complaint for docketing pursuant to Rule 5(e) of the Federal Rules of Civil Procedure, Plaintiff has neither paid the filing fee nor filed a petition for leave to file in forma pauperis. Effective April 26, 1996, the Prison Litigation Reform Act ("PLRA") significantly changed the procedures in prisoner litigation brought without prepayment of the filing fee.

The PLRA requires all inmates to pay the full filing fee, even those whose cases are summarily dismissed. The Court must assess an initial partial filing fee on all inmates who bring suit in an amount that is 20% of the greater of:

(A) the average monthly deposits in the prisoner's account; or

(B) the average monthly balance in the prisoner's account for the 6-month period immediately preceding the filing of the complaint or notice of appeal.

28 U.S.C. § 1915(b)(1).

The Court will authorize prison officials to deduct the initial filing fee payment directly from Plaintiff's trust fund account. Thereafter, correctional authorities having custody of Plaintiff will have authority (and are required) to make monthly payments to the court of 20% of the preceding month's income credited to the trust fund account until such time as the full filing fee is paid.

To enable the Court to make the necessary initial assessment of the filing fee, plaintiff must "submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined." 28 U.S.C. § 1915(a)(2). If Plaintiff wishes to proceed with this case in forma pauperis he must file an in forma pauperis application on the form required by the rules of this Court together with a certified copy or copies of his trust fund statements reflecting all activity in his accounts in the immediately preceding six-month period.

In sum, consistent with the foregoing discussion, Plaintiff must, on or before 30 days from the date of this order, either file an in forma pauperis application on the enclosed form with the information required by § 1915(a)(2) or pay the full $350 filing fee.

STATEMENT

In addition, under 28 U.S.C. ยง 1915A, the Court is required to conduct a prompt review of the complaint. Plaintiff first alleges that Dorothy Brown, the Clerk of the Circuit Court of Cook County, is not providing him "statements" of his cases prepared by the State's Attorney's Office. Plaintiff also alleges that Brown has concealed certain facts regarding Plaintiff's incarceration and preliminary hearing. Next, Plaintiff includes a request for relief that includes a copy of his preliminary transcripts at no cost and monetary damages. Plaintiff then includes additional pages in which he: (1) discusses the withdrawal of an attorney, (2) seeks a transfer to a different prison because four prisoners have "mysteriously" died since December 17, 2008, (3) alleges that he fears for his safety apparently because he has filed multiple lawsuits, and (4) refers without further explanation to being stripped naked in front of a psychologist. Plaintiff identifies Dorothy Brown as a Defendant in the caption of his complaint but includes a ...


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