Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge

JOAN H. LEFKOW Sitting Judge if Other

than Assigned Judge

CASE NUMBER 12 C 5310 DATE July 18, 2012

CASE

TITLE

Reginald M. Potts , Jr. (#2007-0085153) vs. Daniel Moreci, et al.

DOCKET ENTRY TEXT:

The plaintiff is granted thirty days in which either to file an in forma pauperis application on the enclosed form

with the information required by 28 U.S.C.§ 1915(a)(2) or pay the full $350 filing fee. The clerk is directed to

send the plaintiff an i.f.p. application along with a copy of this order. Failure of the plaintiff to comply within

thirty days of the date of this order will result in summary dismissal of this case. The plaintiff is advised that

he must provide the court with the original plus a judge’s copy of every document filed.

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

STATEMENT

The plaintiff, an inmate in the custody of the Cook County Department of Corrections, has brought this

pro se civil rights action pursuant to 42 U.S.C. § 1983. The plaintiff claims that the defendants, jail officials,

have violated the plaintiff’s constitutional rights by infringing on his attorney/client privilege. More specifically,

the plaintiff alleges that correctional officials are using a hand-held device to videotape and audiotape the

plaintiff’s consultations with his attorneys. 

The plaintiff has failed either to pay the statutory filing fee or to file a petition for leave to proceed in

forma pauperis. The Prison Litigation Reform Act requires all inmates to pay the full filing fee, even those

whose cases are summarily dismissed. In all prisoner civil lawsuits, the court must assess an initial partial filing

fee. See 28 U.S.C. § 1915(b)(1). The court will direct correctional officials to deduct the initial filing fee

payment directly from the plaintiff’s trust fund account. Thereafter, correctional authorities having custody of

the plaintiff will be authorized and ordered 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 assessment of the initial partial filing fee, the plaintiff must

“submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 

(CONTINUED)

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STATEMENT (continued)

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). Therefore, if the plaintiff

wishes to proceed with this case by making installment payments instead of paying the full filing fee in advance,

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 past six months [that

is, from January 5, 2012, through July 5, 2012]. 

The plaintiff must, within thirty days, either file an in forma pauperis application on the enclosed form with

the information required by 28 U.S.C. § 1915(a)(2) or pay the full $350 filing fee. The clerk will furnish the

plaintiff with an in forma pauperis application along with a copy of this order. Failure of the plaintiff to comply

within thirty days of the date of this order will result in summary dismissal of this case. 

The plaintiff is reminded that he must provide the court with the original plus a judge’s copy of every

document filed. 

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