United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE, U.S. DISTRICT JUDGE.
matter is now before the Court for consideration of
Plaintiff's request to proceed as a poor person in this
civil rights action that he filed pro se pursuant to
42 U.S.C. § 1983 on August 1, 2017. (Doc. 1). On that
date, Plaintiff also filed a Motion for Leave to Proceed
in forma pauperis (“IFP Motion”). (Doc.
2). He seeks the Court's permission to proceed without
prepaying the full $400 filing fee for this action.
Id. Plaintiff represents that he is indigent.
support of this request, Plaintiff discloses a single source
of income during the twelve months preceding his filing of
the IFP Motion, i.e., from August 1, 2016 until
August 1, 2017. (Doc. 2, p. 1). Plaintiff asserts that he is
a self-published author and receives $1000-$1, 200 per year
in royalties. Id. Beyond this, he discloses no other
income, assets, gifts, etc. (Doc. 2, pp. 1-2). Plaintiff also
discloses outstanding obligations of $200 per month in
student loan repayments and approximately $600 in total court
costs associated with his criminal conviction. Id.
offers no explanation in his IFP Motion for funds he has
regularly received from third parties during the relevant
time period. This includes money he received from Mary
Trainauskas in the amount of $100 on January 30, 2017 and
from Sarah Volk in the amount of $200 on January 20, 2017,
$100 on January 28, 2017, $100 on January 31, 2017, $50 on
March 1, 2017, and $100 on May 22, 2017. (Doc. 2, p. 5). Also
conspicuously absent from the IFP Motion is any reference to
the settlement amounts that were disbursed in each of three
civil rights actions he settled in April 2017. See
Trainauskas v. O'Leary, No. 14-cv-04437 (N.D. Ill.)
(Doc. 101); Trainauskus v. Adams, No. 15-cv-00820
(N.D. Ill.) (Doc. 86); Trainauskus v. Kaupas, No.
15-cv-09318 (N.D. Ill.) (Doc. 73). The Court has reviewed the
Public Access to Court Electronic Records
(“PACER”) website (www.pacer.gov) and
located these three civil rights actions in the United States
District Court for the Northern District of Illinois. See
also Bova v. U.S. Bank, N.A., 446 F.Supp.2d 926, 930 n.
2 (S.D. Ill. 2006) (a court may judicially notice public
records available on government websites) (collecting cases).
All settlements were reached on or around April 11, 2017.
See Trainauskas v. O'Leary, No. 14-cv-04437
(N.D. Ill.) (Doc. 101); Trainauskus v. Adams, No.
15-cv-00820 (N.D. Ill.) (Doc. 86); Trainauskus v.
Kaupas, No. 15-cv-09318 (N.D. Ill.) (Doc. 73). Plaintiff
did not disclose any of these settlements in his IFP Motion.
However, a Stipulation and Order for Dismissal was entered in
each of these three cases during the relevant time period,
and he was required to disclose income he received in the
past twelve months from “[a]ny other sources” not
specifically identified in the IFP Motion. (Doc. 2, p. 1).
to 28 U.S.C. § 1915, a federal court may permit a
prisoner who is indigent to bring a “suit, action or
proceeding, civil or criminal, ” without prepayment of
fees upon presentation of an affidavit stating the
prisoner's assets together with “the nature of the
action . . . the affiant's belief that the person is
entitled to redress.” 28 U.S.C. § 1915(a)(1). In
the case of civil actions, a prisoner's affidavit of
indigence must be accompanied by “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 . . .,
obtained from the appropriate official of each prison at
which the prisoner is or was confined.” 28 U.S.C.
§ 1915(a)(2). In this case, Plaintiff provided a
certified copy of the trust fund account statement for the
6-month period immediately preceding the filing of the
complaint as well as an executed affidavit stating his
assets. Given that Plaintiff failed to disclose the funds he
received from Sarah Volk, Mary Trainauskas, or pursuant to
any settlement agreements during the relevant time period,
the Court will require him to explain why he omitted this
material information from his request for IFP status before
deciding his IFP Motion and allowing him to proceed with this
IS HEREBY ORDERED that Plaintiff SHOW
CAUSE within 30 days of the date of this
ORDER (on or before December 4, 2017) why
his IFP Motion should not be denied and/or this case
dismissed, based on his failure to disclose material
financial information in his IFP Motion, including funds he
received from third parties (i.e., including Sarah
Volk, Mary Trainauskas, or pursuant to any settlement
agreements entered between August 1, 2016 and August 1,
must file a signed affidavit setting forth a
complete listing of all income or assets he acquired
between August 1, 2016 and August 1, 2017. In his affidavit,
Plaintiff must also disclose all funds he received from any
third party, including, but not limited to, Sarah Volk, Mary
Trainauskas, and/or made pursuant to a settlement agreement
in a civil action involving Plaintiff. Further, Plaintiff is
WARNED that his entire case will be
dismissed with prejudice pursuant to 28 U.S.C. §
1915(e)(2)(A) if the Court finds that the allegations of
poverty are/were untrue. If Plaintiff fails to respond to
this Order to Show Cause in a timely manner, the Court may
dismiss this case with prejudice pursuant to Federal Rule of
Civil Procedure 41(b) for failure to prosecute and/or for
failure to comply with a court order.
Court will defer threshold review of the Complaint pursuant
to 28 U.S.C. § 1915A until Plaintiff complies with this