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United States v. Gaya

United States District Court, Seventh Circuit

May 2, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSE GAYA #XXXXX-XXX, Defendant.

MEMORANDUM ORDER

MILTON I. SHADUR, Senior District Judge.

On April 30 our Court of Appeals caused petitioner Jose Gaya's Motion To Proceed on Appeal In Forma Pauperis to be transferred to this District Court for ruling. But what has been delivered to this Court's chambers is only Gaya's affidavit with detailed information about his lack of wherewithal to pay the $455 in appellate filing and docketing fees up front. What is totally missing from Gaya's submission is the essential information specified in 28 U.S.C. ยง1915[1]-the certified copy of Gaya's trust fund account statement for the six-month period immediately preceding the filing of the notice of appeal, to be obtained by Gaya from the appropriate official at Memphis FCI, where Gaya is and has been confined during that time period (see Section 1915(a)(2)). In this instance that six-month period began on October 13, 2012 and ended on April 12, 2013.

Accordingly Gaya is ordered to obtain and to transmit to this Court forthwith that essential information, so that this Court can make the determination called for by Section 1915(b). At that time this Court also anticipates considering and acting on the issue addressed by Section 1915(a)(3).


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