IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
January 17, 2013
LAVELLE HENDRIX #20120822094, PLAINTIFF,
COOK COUNTY - JAIL/SHERIFF, DEFENDANT.
The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge
Within a week after Lavelle Hendrix ("Hendrix") submitted a Complaint against the "Cook County - Jail/Sheriff," using the form provided by the Clerk's Office for such filings that seek to invoke 42 U.S.C. §1983*fn1 and handprinting the information called for in that form, on December 6, 2012 this Court issued a sua sponte memorandum order (the "Order") "to address some of the problems posed by that filing." Although more than a month has elapsed since then, Hendrix has not responded to the matters referred to in the Order: either (1) the need to provide the entire six-month printout of transactions in his trust fund account at the Cook County Jail to comply with 28 U.S.C. §1915(a)(2) or (2) the ned to show his exhaustion of administrative remedies that Section 1997e(a) makes a precondition to any action complaining of prison conditions under Section 1983.
This memorandum order will focus on the second of those matters, as to which Complaint ¶IV states in part (copied verbatim):
Grivences were filed and no disspliminary action were taken.
With no input having been received from Hendrix himself despite the Order, this Court asked its staff to inquire into that matter independently. And as the attached report from the Cook County Department of Corrections reflects, Hendrix' representation was untrue--he had not complied with the Section 1997e(a) precondition.
Accordingly this action is dismissed. That does not however relieve Hendrix of the obligation, also specified in the Order, to provide a printout from the Cook County Jail (or whatever other custodial institution where he was then held) that covers the time frame from October 16 through the end of November 2012. This Court again orders him to comply with that requirement, and to do so promptly.