United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL United States District Judge.
27, 2016, Plaintiff David Bentz filed a complaint (Doc. 1)
pursuant to 42 U.S.C. § 1983 against thirty-four known
and numerous unknown state officials who allegedly conspired
to violate his rights at Menard Correctional Center under the
First, Eighth, and Fourteenth Amendments (Doc. 1). Plaintiff
failed to prepay the $400.00 filing fee for this action or
file a Motion and Affidavit to Proceed in District Court
Without Prepaying Fees or Costs (“IFP Motion”) on
the date he filed his complaint.
Clerk of Court opened this case and sent Plaintiff a letter
(Doc. 2) advising him that he must prepay the full filing fee
or file an IFP Motion within thirty days. He was instructed
to also provide a certified copy of his trust fund account
statement for the 6-month period immediately preceding the
filing of this action (i.e., from 2/1/2016 to
8/1/2016), if he wished to proceed IFP. The Clerk sent the
letter to Plaintiff at the address listed on the complaint
and on file with the Clerk's office. Included with the
letter was a form IFP Motion. Plaintiff was clearly warned
that failure to prepay the full filing fee or file a properly
completed IFP Motion within thirty days would result in
dismissal of this case (id.).
August 17, 2016, this Court entered a formal order to this
effect, as well as a notice of impending dismissal (Doc. 3).
Plaintiff was explicitly ordered to prepay his full filing
fee of $400.00 or file a properly completed IFP Motion
(including a certified copy of his trust fund account
statement for the period between 2/1/2016 and 8/1/2016) on or
before August 26, 2016. The Court clearly warned Plaintiff
that failure to comply with the Order would result in
dismissal of the action for want of prosecution and/or for
failure to comply with an Order of the Court. (Doc. 3, p. 2)
(citing Fed.R.Civ.P. 41(b); Ladien v. Astrachan, 128
F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34
F.3d 466 (7th Cir. 1994)).
August 26, 2016, Plaintiff filed a handwritten IFP Motion
(Doc. 4), which consisted of the following disclosures:
Forma Pauperis Application
David Bentz (#S-03210), declare that I am a Plaintiff in the
above entitled case. This affidavit constitutes my
application to proceed without full pre-payment of fees and
in support of motion for appointment of counsel, I also
declare that I am unable to pay the cost of these
proceedings, and that I am entitled to the relief sought in
complaint[.] In support of this motion, I state the following
under penalty of perjury:
(1) I, David Robert Bentz, am currently incar[c]erated at
Menard Correctional Center and receive idle pay from the
institution between the monthly amounts of $0.00 to $10.00.
(2) I am currently unemployed.
(3) I am not married.
(4) Apart from my income stated above in the past (12) months
I have received more than $200.00 from the following sources
a. Gary Bentz $0-50.00 per month
b. Diane Bentz $0-40.00 per ...