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Shonne Smith v. City of Chicago

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


September 12, 2012

SHONNE SMITH, PLAINTIFF,
v.
CITY OF CHICAGO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Shonne Smith ("Smith"), seeking to invoke 42 U.S.C. §1983, has used the form complaint provided by this District Court's Clerk's Office to sue the City of Chicago and two "John Does" in its Police Department (one an officer, the other a shift commander). Because Smith has neither paid the $350 filing fee nor followed the procedures needed to qualify for in forma pauperis treatment under 28 U.S.C. §1915 ("Section 1915"), this memorandum order is being issued sua sponte to address that threshold problem.

As Section 1915(a) makes plain, any prisoner who wishes to file a federal lawsuit*fn1 must pay the $350 filing fee in advance or, if unable to do so, must submit an In Forma Pauperis Application ("Application") together with a printout of the transactions in his trust fund account at the custodial institution for the six-month period preceding the filing of suit. Smith has not tendered a filled-out Application, and the Dixon trust fund statement that he has submitted reflects only a single deposit of $0.34 (a payroll item received on June 13, 2012) during the entire period from December 28, 2011 to the current date.*fn2 Accordingly, copies of the Application form are being transmitted to Smith together with a copy of this memorandum order, and when the form is filled out, signed and returned, this Court will act promptly to make the determination, and to enter the order, called for by Section 1915.*fn3


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