IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
March 22, 2011
RAUL CHE GOMEZ PLAINTIFF,
I.D.O.C. DIRECTOR M.P. RANDALL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge
Last December 23 this Court, having conducted a threshold screening
of the then-recently-filed 42 U.S.C. §1983 ("Section 1983") Complaint
by Raul Gomez ("Gomez") as called for by 28 U.S.C. §1915A,*fn1
issued a minute order dismissing the complaint and action
without prejudice.*fn2 Now Gomez has tried again in
this newly-filed action, and because it appears from his current
Complaint that he has indeed complied with the precondition just
referred to in n.2,*fn3 so that this action may go
As the first order of business in connection with this new case, Gomez' accompanying In Forma Pauperis Application ("Application") demonstrates his entitlement to such status in accordance with Section 1915(b)(1). With the average monthly deposits to his trust fund account at Menard Correctional Center ("Menard," where he is now in custody) for the relevant six-month period having come to $121.35, an initial partial filing fee payment of $24.27 is required. Accordingly the Application is granted to the extent that Gomez need not pay the full $350 filing fee in advance, although he must pay the entire fee in current and future installments.
Gomez is therefore assessed that initial partial payment of $24.27, and the Menard trust fund officer is ordered to collect that amount from Gomez' trust fund account and to pay it directly to the Clerk of Court ("Clerk"):
Office of the Clerk
United States District Court 219 South Dearborn Street Chicago IL 60604 Attention: Fiscal Department Both that initial payment and all future payments called for in this memorandum order shall clearly identify Gomez' name and the 11 C 1793 case number assigned to this action. To implement these requirements, the Clerk shall send a copy of this memorandum order to the Menard trust fund officer.
After such initial payment, the trust fund officer at Menard (or at any other correctional facility where Gomez may hereafter be confined) is authorized to collect monthly payments from Gomez' trust fund account in an amount equal to 20% of the preceding month's income credited to the account. Monthly payments collected from the trust fund account shall be forwarded to the Clerk each time the amount in the account exceeds $10 until the full $350 filing fee is paid.
Next, Gomez' Motion for Appointment of Counsel ("Motion") confirms his unsuccessful efforts to retain counsel on his own. Because not only Gomez himself but also defendants and this Court will all be better served by granting that Motion, the following member of this District Court's trial bar is appointed to represent Gomez pro bono publico:
William A. Barnett, Jr.
Durkin & Roberts 2446 North Clark Street Chicago IL 60614 Finally, this Court is contemporaneously issuing its customary initial scheduling order. Appointed counsel will be expected to arrange for the service of process on defendants in the interim and to comply with the other aspects of the scheduling order.