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Hoskins v. Renour

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


October 21, 2010

JIMMY HOSKINS, PETITIONER,
v.
DAVE RENOUR, RESPONDENT.

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

MEMORANDUM AND ORDER

Petitioner, currently incarcerated in the Menard Correctional Center, filed a petition for a writ habeas corpus action pursuant to 28 U.S.C. § 2254 to challenge the constitutionality of his confinement. Plaintiff has not yet paid the $5.00 filing fee applicable to such petitions, 28 U.S.C. § 1914, or sought leave to proceed in forma pauperis with respect to it.

IT IS HEREBY ORDERED that, within FIFTEEN (15) DAYS of the date of the entry of this order, Petitioner shall pay the $5 filing fee applicable to this action. In the alternative, Petitioner may file a motion to proceed in forma pauperis, supported by a certified copy of his prison trust fund account statement for the six-monthperiod immediately preceding the filing of the complaint and an affidavit that includes a statement of his assets. Petitioner is ADVISED that in the event he has been transferred among institutions during this six-month period, it is Petitioner's responsibility to obtain a copy of his prison trust account statement from each such facility and to forward it to the Court. Petitioner 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 Petitioner 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).

IT IS FURTHER ORDERED that upon conclusion of this fifteen-day period, should Petitioner fail to comply with this order, this case may be closed for failure to comply with an order of this Court. FED.R.CIV.P. 41(b); see generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994).

IT IS SO ORDERED.

J. Phil Gilbert U. S. District Judge

20101021

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