too is what the statute requires.
For all those reasons Henderson's motion is not well-taken.

It is denied.

Vt Men Merete

Milton I. Shadur
Senior United States District Judge

Date: September 6, 2002


Minute SIrder Form (0°78)

United States District Court, Northern District of Hlinois

Name of Assigned J i : Sitting Judge if Othe
ete Magistrate udge Milton I. Shadur than Assigned ge
CASE NUMBER 02 C 42 DATE 9/6/2002
CASE Ellis Henderson vs. Frank A. Pasquale, et al
TITLE

[In the following box (2) indicate the party filing the motion, e.g., plaintify,
of the motion being presented.]

efendant, 3rd party plaintiff, and (b) state briefly the nature

denied. (16-1)

(il) [For further detail see order attached to the original minute order.

MOTION:

DOCKET ENTRY: :

(dy oO Filed motion of [ use listing in “Motion” box above.]

(2) im Brief in support of motion due.

(GB) Oo Answer brief to motion due ___ Reply to answer briefdue_

(4) Qa Ruling/Hearing onset for at

(5) QO Status hearing[held/continued to] [set for/re-set for]on set for at

(6) im Pretrial conference{held‘continued to] [set for/re-set for] on setfor at

(7) oO Trial{set for/re-set for]on at.

(8) Qa [Bench/Jury trial] [Hearing] held/continued to at

(9) Oo This case is dismissed [with/without] prejudice and without costs[by’agreement/pursuant to]
OOFRCP4(m) CLocal Rule 41.1 OFRCP41(aX1) COFRCP41(a)(2).

ao =f [Other docket entry] | Enter Memorandum Order. Henderson’s motion is not well-taken, it is

No notices required, advised in open court,

No notices required. munber of notices

Document
Number

oY | Notices mailed by judge’s stalf. cf9 9g 2002

Notified counsel by telephone. ‘ fe docketed,

Docketing to mail notices

Mall AO 450 form, sn ockeringF fights
Copy to judge/magistrate judge
h 2002
Ione dave mailed novice
courtroom
SN deputy's sn
initials —

~ Date/time recéived in

central Clerk’s Of mailing deputy initials



IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

ELLIS M. HENDERSON #A-~-01615, }
Plaintiff,

Vv. } No. 02 C 42
FRANK A. PASQUALE, et al.,
Defendants. }

MEMORANDUM ORDER

In response to this Court's August 13, 2002 memorandum order
(“Order”), either Ellis Henderson (“Henderson”) or the officials
at Dixon Correctional Center ("Dixon,” where Henderson is in
custody) has or have submitted a printout reflecting the
transactions in Henderson's inmate trust fund account from
January 9 through August 15, 2002. That document reflects that
the Dixon officials have not--as Henderson had charged in his
self-prepared “Motion for Correction of Withdrawing Filing Fees
Owe (sic) to the Court”--been acting in violation of the
provisions of 28 U.S.C. §1915 (“Section 1915”) in making their
installment payments to the Clerk of this District Court.

Instead the trust fund account printout shows that the
Section 1915(b) (2) requirement of monthly remittances equal to

20% of the deposits in the account has been adhered to (for

example, each time that Henderson received $35 in pay from his
prison job, $7 was remitted to the Clerk). If anything, the

officials have not paid large enough insta lments (for example,


in May 2002 deposits of $50 and $10 were made to the account from
outside sources in addition to $10 in pay, yet the only payment
made to the Clerk was $2, rather than $14 as it should have
been) .

One other comment should be added in response to Henderson's
complaint that the payments on account of fees deprive him of
funds to be used for commissary purchases. In that respect
Henderson should understand that as soon as any amounts are
credited to the account, they should be considered as though they
are in two separate accounts: (1) 20% as though it were
segregated for application toward each lawsuit's unpaid filing
fee, with (2) only the remaining amount being made available to
Henderson. Section 1915(b)(2)'s reference to the forwarding of
payments on account of the filing fee “each time the amount in
the account exceeds $10” should be read as applying to the first
of those two theoretically separate accounts (to avoid the burden
on the prison authorities of making a multitude of small
payments’) ~-otherwise a prisoner such as Henderson could block
the payment of any fees by spending the money in the account as
fast as it came in. Finally, Henderson also cannot complain that
multiple 20% installment payments are being made on account of

the filing fees because he has filed more than one lawsuit--that

+ Dixon's personnel are not taking advantage of that
provision--another mistake in addition to the one mentioned in
the preceding paragraph of the text.

2