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Darryl E. Mickey (#2011-0110131 v. Cook County Municipality
December 5, 2012
DARRYL E. MICKEY (#2011-0110131)
COOK COUNTY MUNICIPALITY, ET AL.
Name of Assigned Judge RUBEN CASTILLO Sitting Judge if Other or Magistrate Judge than Assigned Judge
The plaintiff's motion to proceed in forma pauperis [#3] is denied, without prejudice. The plaintiff is directed to submit a renewed i.f.p. petition that includes copies of his jail trust fund ledgers showing his income for the six months preceding the filing of this action [that is, from June 3, 2012, through December 3, 2012]. Failure to comply within thirty days of the date of this order will result in denial of leave to proceed in forma pauperis and summary dismissal of this case. The Clerk is directed to provide the plaintiff with a blank i.f.p. petition along with a copy of this order. The plaintiff is 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.
The plaintiff, a detainee 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 claims that the defendants, jail officials, violated the plaintiff's constitutional rights by subjecting him to an unreasonable search and seizure. More specifically, the plaintiff alleges that correctional officers conducted an unnecessarily destructive shakedown, intentionally damaging and destroying his personal property.
The Clerk has accepted this pro se civil rights complaint for docketing pursuant to Fed. R. Civ. P. 5(e) even though it was not submitted in compliance with the rules of this court. To enable the court to make the necessary assessment of an initial partial filing fee, the prisoner must "submit 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 or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined." 28 U.S.C. § 1915(a)(2). In the case at bar, the plaintiff's i.f.p. petition does not include copies of his jail trust fund ledgers for the relevant time period.
If the plaintiff wants to proceed with this lawsuit, he must submit a certified i.f.p. petition, along with copies of trust fund ledgers showing his income for the six months preceding the filing of this lawsuit [that is, from June 3, 2012, through December 3, 2012]. The Clerk will provide the plaintiff with a blank i.f.p. application. Failure to comply [or, in the alternative, to submit the statutory filing fee of $350.00] will result in summary dismissal of this suit. See Zaun v. Dobbin, 628 F.2d 990 (7th Cir. 1980).
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