Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge Samuel Der-Yeghiayan Sitting Judge if Otherthan Assigned Judge

CASE NUMBER 12 C 5588 DATE 9/13/2012

CASE

TITLE

Spencer Williams (M-01250) vs. Director of I.D.O.C., et al.

DOCKET ENTRY TEXT

For the reasons stated below, the court denies Petitioner’s motions for leave to proceed in forma pauperis

[10], [11] and dismisses the instant action. See Mathis v. New York Life Ins. Co., 133 F.3d 546, 547-48 (7th

Cir. 1998)(finding that a “district court did not abuse its discretion in dismissing the complaint with prejudice

for filing an application to proceed in forma pauperis with intentional misrepresentations as to [plaintiff’s]

true financial status”). Civil case terminated. 

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

STATEMENT

This matter is before the court on Petitioner Spencer Williams’ (Williams) motions for leave to

proceed in forma pauperis. On July 30, 2012, the court denied Williams’ first motion for leave to proceed in

forma pauperis because Williams had failed to provide a certified copy of his trust fund account statement for

the 6-month period immediately preceding the filing of his habeas petition, consistent with the requirements

of 28 U.S.C. § 1915(a)(2). The court gave Williams until August 28, 2012 to either pay the filing fee or file

an accurately and properly completed in forma pauperis application form with the required certified copy of

his trust fund account statement. The court also warned Williams that if he failed to pay the filing fee or file

an accurately and properly completed in forma pauperis application form with the required certified copy of

his trust fund account statement by August 28, 2012, this case would be dismissed. 

Williams has filed two in forma pauperis application forms since the court’s July 30, 2012 order, and

has attached a certified copy of his prison trust account statement to each. Williams indicates on each of his

in forma application forms that, besides the current wages he earns at the Western Illinois Correctional

Center, he has not received more than $200.00 in income from any source in the past twelve months. (IFP

Par. 3). However, a review of Williams’ certified prison trust account statements reveals that in the past six

12C5588 Spencer Williams vs. Director of I.D.O.C., et al. Page 1 of 2

Case: 1:12-cv-05588 Document #: 12 Filed: 09/13/12 Page 1 of 2 PageID #:145
STATEMENT

months alone, $760.00 has been deposited into Williams’ account in addition to various payroll deposits. 

Williams has provided inaccurate information to the court as to his income, and therefore, the court denies

his motions for leave to proceed in forma pauperis and dismisses the instant action. See Mathis v. New York

Life Ins. Co., 133 F.3d 546, 547-48 (7th Cir. 1998)(finding that a “district court did not abuse its discretion in

dismissing the complaint with prejudice for filing an application to proceed in forma pauperis with

intentional misrepresentations as to [plaintiff’s] true financial status”). 

12C5588 Spencer Williams vs. Director of I.D.O.C., et al. Page 2 of 2

Case: 1:12-cv-05588 Document #: 12 Filed: 09/13/12 Page 2 of 2 PageID #:146