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Richard Miller v. State of Illinois

United States District Court, Northern District of Illinois


March 28, 2011

RICHARD MILLER
v.
STATE OF ILLINOIS, ET AL.

Name of Assigned Judge WILLIAM T. HART Sitting Judge if Other or Magistrate Judge than Assigned Judge

(#2009-0034790)

CASE TITLE

DOCKET ENTRY TEXT:

The plaintiff's motion for leave to proceed in forma pauperis [#4] is granted. The court authorizes and orders Cook County Jail officials to deduct $18.67 from the plaintiff's account, and to continue making monthly deductions in accordance with this order. The clerk shall send a copy of this order to the Supervisor of Inmate Trust Fund Accounts, Cook County Dept. of Corrections Administrative Office, Division V, 2700 S. California, Chicago, Illinois 60608. On the court's own motion, the plaintiff is granted an additional thirty days in which to submit an amended complaint (plus a judge's copy and service copies). Failure of the plaintiff to do so within thirty days will result in summary dismissal of this case. The plaintiff is once again reminded that he must provide the court with the original plus a judge's copy of every document filed.

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

STATEMENT

The plaintiff, an inmate in the custody of the Cook County Department of Corrections, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. The plaintiff having demonstrated that he is indigent, his motion for leave to proceed in forma pauperis is granted. Pursuant to 28 U.S.C. § 1915(b)(1), the plaintiff is assessed an initial partial filing fee of $18.67. The supervisor of inmate trust accounts at the Cook County Jail is authorized and ordered to collect, when funds exist, the partial filing fee from the plaintiff's trust fund account and pay it directly to the Clerk of Court. After payment of the initial partial filing fee, the trust fund officer at the plaintiff's place of confinement is directed to collect monthly payments from the plaintiff's trust fund account in an amount equal to 20% of the preceding month's income credited to the account. Monthly payments collected from the plaintiff's trust fund account shall be forwarded to the Clerk of Court each time the amount in the account exceeds $10 until the full $350 filing fee is paid. All payments shall be sent to the Clerk, United States District Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor, and shall clearly identify the plaintiff's name and the case number assigned to this action. The Cook County inmate trust account office shall notify transferee authorities of any outstanding balance in the event the plaintiff is transferred from the jail to another correctional facility.

However, the plaintiff has failed to submit an amended complaint as directed. See Minute Order of February 23, 2011. On the court's own motion, the plaintiff is granted an additional thirty days in which to submit an amended complaint. As with every document filed with the court, the plaintiff must provide an extra copy for the judge; he must also submit a service copy for each defendant named in the amended complaint. Failure of the plaintiff to comply with this order within thirty days will result in summary dismissal of this case.

20110328

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