IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

MARCUS GRANT, )

)

Plaintiff, )

)

v. ) No. 12 C 5679

)

WARDEN OF DANVILLE )

CORRECTIONAL CENTER, )

)

Defendant. )

MEMORANDUM ORDER

Marcus Grant ("Grant") has utilized the form of 42 U.S.C. § 1983 ("Section 1983")

Complaint provided by the Clerk's Office to assert a claim against the Warden of the Danville

Correctional Center, charging that although on August 3, 2010 the Illinois Prisoner Review

Board had reinstated Grant's parole and ordered his immediate release (with the parole status

then being terminated on August 13), he was held in custody for another three weeks -- until

September 4, 2010. Grant has accompanied the Complaint with two other forms provided by the

Clerk's Office: an In Forma Pauperis Application ("Application") and a Motion for Appointment

of Counsel ("Motion").

As for the Application, its attached statement of transactions in Grant's trust account at

the Clerk County Department of Corrections ("County Jail", where he is now in custody) reflects

that the average monthly deposits to that account for the relevant six-month period (see 28

U.S.C. § 1915(a)(2) and (b)(1)) amounted to $33.33, so that 20% of that figure (id.) came to

$6.67. 
Accordingly, the application to proceed in forma pauperis is granted to the extent that

Grant need not pay the full $350 filing fee in advance, although he must pay the entire fee in

current and future installments. Grant is therefore assessed that initial partial payment of $6.67,

and the County Jail's trust fund officer is ordered to collect that amount from Grant's trust fund

account and to pay it directly to the Clerk of Court ("Clerk"):

Office of the Clerk

United States District Court

219 South Dearborn Street

Chicago, IL 60604

Attention: Fiscal Department

Both that initial payment and all future payments called for in this memorandum order shall

clearly identify Grant's name and the 12 C 5679 case number assigned to this action. To

implement those requirements, the Clerk shall send a copy of this memorandum order to the

County Jail's trust fund officer.

After such initial payment, the trust fund office at County Jail (or at any other correctional

facility where Grant may hereafter be confined) is authorized to collect monthly payments from

Grant's trust fund account in an amount equal to 20% of the preceding month's income credited

to the account. Monthly payments collected from the trust fund account shall be forwarded to the

Clerk each time the amount in the account exceeds $10 until the full $350 filing fee is paid.

As for the Motion, Grant lists only the Chicago Bar Association as having been explored

on his own as a potential source for representation. Although that effort seems no better than

marginal, the likelihood of Grant's independently obtaining pro bono representation is clearly

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remote. This Court accordingly grants the Motion and has obtained the name of this member of

the District Court's trial bar to represent Grant pro bono publico: 

Dan K. Webb

Winston & Strawn, LLP

35 West Wacker Drive

Chicago, IL 60601-9703

(312)558-5600

Email: dwebb@winston.com

As for the merits of Grant's claim, it appears to be reasonably plausible, but that will be

left to appointed counsel to explore. Among other things, counsel would be expected to look

into the question whether the decision to hold up Grant's release was the Warden's rather than

someone else's so that Grant has the correct target in his cross hairs. Meanwhile this Court is

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contemporaneously issuing its usual initial scheduling order.

__________________________________________

Milton I. Shadur

Senior United States District Judge

Date: July 25, 2012

 Counsel must act promptly, because it appears that the two-year limitation period for 1

Section 1983 claims is about to run out.

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