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Cesar Becerra v. Mauresse

January 28, 2011

CESAR BECERRA
v.
MAURESSE, ET AL.



Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Sharon Johnson Coleman than Assigned Judge

(439130)

CASE TITLE

DOCKET ENTRY TEXT

The Court construes Plaintiff's letter [3] as a motion for leave to file in forma pauperis; the motion is denied without prejudice to reconsideration should he renew his motion in compliance with this order. The complaint on file is dismissed without prejudice. Plaintiff is granted thirty days to submit an amended complaint (plus a judge's copy and service copies) and 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 Clerk is directed to send Plaintiff an in forma pauperis application, an amended civil rights complaint form with instructions, and a copy of this order. If Plaintiff does not timely comply with this order, this case shall be dismissed.

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

STATEMENT

Plaintiff, Cesar Becerra, a detainee at the Jerome Combs Detention Center, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983.

Plaintiff submitted a letter indicating that he seeks to proceed in forma pauperis but that he has been unable to obtain the required certification from a trust fund officer at his place of confinement because he has been moved several times and he has only been at the Jerome Combs Detention Center for two weeks. However, Plaintiff not only did not include any certification from a trust find officer, he failed to include any information regarding his ability to pay the filing fee or to access a partial filing fee. Northern District of Illinois Local Rule 3.3 requires that persons lodging new lawsuits must either pay the statutory filing fee or file a petition for leave to proceed in forma pauperis, using the court's form and signing under penalty of perjury. The form requires inmates to obtain a certificate stating the amount of money they have on deposit in their trust fund account. As explained below, the Prison Litigation Reform Act ("PLRA") also requires inmates to provide a certified copy of their trust fund account statement (or institutional equivalent) for the 6-month period immediately preceding the lodging of the complaint. If Plaintiff wants to proceed on amended complaint (see below), he must file a motion for leave to file in forma pauperis on the court's form and have an authorized official(s) provide information regarding Plaintiff's trust fund account(s), including a copy of his trust fund account(s). If Plaintiff is only able to obtain certification from his present place of confinement, the Court can access his ability to pay a filing fee based on that certification and the information provided on the form. Plaintiff must also write the case number in the space provided for it.

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 completed form and include 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 (to the best of his ability and for the time-frame he has been at that institution).

Furthermore, under 28 U.S.C. ยง 1915A, the Court is required to conduct a prompt initial review of prisoner complaints against ...


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