Order Form (01/2005)

United States District Court, Northern District of Illinois ag

Nan f Assigned Judge Sitting Judge if Other
vor Magistrate Judge Charles R. Norgle than Assigned Judge
CASE NUMBER 12C 4491 DATE 6 VE 8/26 (2
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CASE Kevin Dean Edwards (#2012-0108130) vs. Cook County Municipality, et al.
TITLE
DOCKET ENTRY TEXT

The Court denies Plaintiff’s motion for leave to file in forma pauperis (3] without prejudice to reconsideration should
he renew his motion in compliance with this order. Plaintiff is granted thirty days to submit an in forma pauperis
application on the enclosed form with the information required by § 1915(a)(2) or to pay the full $350 filing fee. The
Clerk is directed to send Plaintiff an in forma pauperis application and a copy of this order. Plaintiff's failure to
comply with this order will result in dismissal of this case on the understanding that he does not wish to proceed with

this action in federal court at this time.
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STATEMENT

Plaintiff, a detainee at Cook County Jail has brought this pro se civil rights action pursuant to 42 U.S.C. §
1983.

Plaintiff submitted an in forma pauperis application but it is incomplete. Northern District of Illinois Local
Rule 3.3 requires that persons lodging new lawsuits must either pay the statutory filing fee or file a petition for leave to
proceed in forma pauperis, using the court’s form and signing under penalty of perjury. The form requires inmates to
obtain a certificate stating the amount of money they have on deposit in their trust fund account. As explained below,
the Prison Litigation Reform Act (“PLRA”) also requires inmates to provide a certified copy of their trust fund account
statement (or institutional equivalent) for the 6-month period immediately preceding the lodging of the complaint.
Plaintiff's in forma pauperis application is not certified by the trust fund officer and does not include the trust fund
account statement (or institutional equivalent) for the 6-month period immediately preceding the lodging of the
complaint. If Plaintiff wants to proceed, he must file a new motion for leave to file in forma pauperis on the court’s
form and have an authorized official(s) provide information regarding Plaintiff's trust fund account(s), including a
copy of his trust fund account(s). Plaintiff must also write the case number in the space provided for it. Failure to
complete the required form fully or otherwise comply with this order are grounds for dismissal of the suit. See Zaun v.
Dobbin, 628 F.2d 990 (7th Cir. 1980).

The PLRA requires all inmates to pay the full filing fee, even those whose cases are summarily dismissed.
The Court must assess an initial partial filing fee on all inmates who bring suit in an amount that is 20% of the greater
of:

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(A) the average monthly deposits in the prisoner’s account; or
(B) the average monthly balance in the prisoner’s account for the 6-month period immediately preceding
the filing of the complaint or notice of appeal. 28 U.S.C. § 1915(b)(1).

The Court will authorize prison officials to deduct the initial filing fee payment directly from Plaintiff's trust fund
account. Thereafter, correctional authorities having custody of Plaintiff will have authority (and are required) to make
monthly payments to the court of 20% of the preceding month’s income credited to the trust fund account until such
time as the full filing fee is paid.

To enable the Court to make the necessary initial assessment of the filing fee, Plaintiff must “submit a certified |

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STATEMENT

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). If Plaintiff wishes to proceed with this case

in forma pauperis he must file an in forma pauperis application on the form required by the rules of this court together
with a certified copy or copies of his trust fund statements reflecting all activity in his accounts in the immediately
preceding six-month period.

Plaintiff is granted thirty days to submit an in forma pauperis application on the enclosed form with the

information required by § 1915(a)(2) or to pay the full $350 filing fee. Plaintiff's failure to comply with this order will
result in dismissal of this case on the understanding that he does not wish to proceed with this action in federal court at
this time.

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