IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
April 19, 2012
DARRON ROUSE #2010-1201145, PLAINTIFF,
COOK COUNTY DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge
Darron Rouse ("Rouse") has submitted a self-prepared 42 U.S.C. §1983 ("Section 1983") Complaint*fn1 against the Cook County Department of Corrections ("Department"), Sheriff Tom Dart and several personnel employed at the Department (commonly called "County Jail"). Because Rouse has paid neither the $350 filing fee nor complied with the alternative requirement imposed on persons in custody by 28 U.S.C. §1915 ("Section 1915"), this action cannot go forward until he satisfies one of those two requirements.
If a defendant cannot afford to pay the filing fee in advance, Section 1915 permits him or her to seek in forma pauperis status. When such a person is a prisoner, Section 1915(a)(2) requires the submission of both an affidavit described in Section 1915(a)(1)*fn2 and a certified copy of the prisoner's trust fund account statement for the six-month period preceding the filing of the Complaint (in this instance that would cover the period from October 10, 2011 through April 10, 2012). That latter submission is essential to enable this Court to make the calculation required by Section 1915(b)(1).
Unless and until Rouse complies with one of the two alternatives described here, his case cannot proceed. And unless he does so on or before May 7, 2012, this Court will be constrained to dismiss both the Complaint and this action without prejudice.*fn3