Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge

John Z. Lee Sitting Judge if Other

than Assigned Judge

CASE NUMBER 12 C 5001 DATE 6/29/12

CASE

TITLE

John W. Miller (2011-0902222) vs. Cook County Municipality, et al.

DOCKET ENTRY TEXT

Plaintiff’s motion for leave to proceed in forma pauperis [3] is granted. The Court authorizes and orders Cook County

Jail officials to deduct $10.67 from Plaintiff’s account, and to continue making monthly deductions in accordance with

this order. The Clerk shall send a copy of this order to the Supervisor of Inmate Trust Fund Accounts, Cook County

Dept. of Corrections Administrative Office, Division V, 2700 S. California, Chicago, IL 60608. The Clerk shall also:

(1) issue summonses as to Defendants Cook County, Sheriff Thomas Dart, and Superintendent Bratlien (2) attach a

Magistrate Judge Consent Form to the summonses for Defendants, and (3) send Plaintiff said Form and Instructions for

Submitting Documents along with a copy of this order. 

O[For further details see text below.] Docketing to mail notices.

STATEMENT

Plaintiff, John W. Miller, a pretrial detainee at Cook County Jail, has brought this pro se civil rights action

pursuant to 42 U.S.C. § 1983. 

Plaintiff’s motion for leave to proceed in forma pauperis is granted. Pursuant to 28 U.S.C. § 1915(b)(1),

Plaintiff is assessed an initial partial filing fee of $10.67. The supervisor of inmate trust accounts at the Cook County

Jail is authorized and ordered to collect, when funds exist, the partial filing fee from Plaintiff’s trust fund account and

pay it directly to the Clerk of Court. After payment of the initial partial filing fee, Plaintiff’s trust fund officer is

directed to collect monthly payments from Plaintiff’s trust fund account in an amount equal to 20% of the preceding

month’s income credited to the account. Monthly payments shall be forwarded to the Clerk of Court each time the

amount in the account exceeds $10 until the full $350 filing fee is paid. All payments shall be sent to the Clerk, United

States District Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier’s Desk, 20th Floor, and shall clearly

identify Plaintiff’s name and the case number assigned to this action. The Cook County inmate trust account office

shall notify transferee authorities of any outstanding balance in the event Plaintiff is transferred from the jail to another

correctional facility. 

 Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt review of the complaint. 

 Plaintiff alleges that on January 28, 2012, Correctional Officer Smith confiscated Plaintiff’s gym shoes. When

Plaintiff informed Officer Smith that he had a prescription for his gym shoes due to a foot issue and the size of his shoe,

Officer Smith told Plaintiff that she was ordered to confiscate all street shoes by jail administration and that she had no

discretion to allow Plaintiff to keep his shoes. Plaintiff was then required to wear his shower shoes at all times because

he had no other shoes that fit him. Plaintiff now has pain and a fungus on his feet. 

 Plaintiff names Cook County Municipality, Sheriff Thomas Dart, and Superintendent Bratlien as Defendants. 

Plaintiff alleges that his shoes were confiscated pursuant to a jail policy and that he has informed jail administration

that he was approved to have his gym shoes and that he has not received said shoes back. The Defendants must

respond to the complaint. 

 The United States Marshals Service is appointed to serve Defendants Cook County, Sheriff Dart, and

Superintendent Bratlien. Any service forms necessary for Plaintiff to complete will be sent by the Marshal as

appropriate to serve Defendants with process. The U.S. Marshal is directed to make all reasonable efforts to serve

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STATEMENT

Defendant. With respect to any former Cook County Department of Corrections employee or contractor who can no

longer be found at the work address provided by Plaintiff, the Cook County Department of Corrections shall furnish the

Marshal with Defendant’s last-known address. The information shall be used only for purposes of effectuating service

[or for proof of service, should a dispute arise] and any documentation of the address shall be retained only by the

Marshal. Address information shall not be maintained in the court file, nor disclosed by the Marshal. The Marshal is

authorized to mail a request for waiver of service to Defendant in the manner prescribed by Fed. R. Civ. P. 4(d)(2)

before attempting personal service.

Plaintiff is instructed to file all future papers concerning this action with the Clerk of Court in care of the

Prisoner Correspondent. Plaintiff must include the original and a judge’s copy of all filings. In addition, Plaintiff must

send an exact copy of any filing to Defendants or, if represented by counsel, to counsel for Defendants. Plaintiff must

include on the original filing a certificate of service stating to whom exact copies were mailed and the date of mailing. 

Plaintiff must also insure all pleadings, written motions, and other papers submitted to the Court are signed pursuant to

Fed. R. Civ. P. 11(a). Any paper that is sent directly to the judge or otherwise fails to comply with these instructions

may be disregarded by the Court or returned to Plaintiff.

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