Mite Order Form (25/97)

United States District Court, Northern District of Illinois

Name of Assigned Judge i Sitting Judge if Other
or Magistrate Judge Milton I. Shadur than Assigned Judge
CASE NUMBER 01 C 1540 DATE SHS72002 Yuje 2
CASE USA vs. Donald Smith
TITLE
[In the following box (a) indicate the party filing the motion, ¢.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION of the motion being presented.]
IN:
DOCKET ENTRY:
qd) Oo Filed motion of [ use listing in “Motion” box above.]
(2) Oo Brief in support of motion due
(3) oO Answer brief to motion due . Reply to answer brief due
(4) Oo Ruling/Hearing on set for at
(5) a Status hearing[held/continued to] [set for/re-set for] on set for at
(6) a Pretrial conference[held/continued to] [set for/re-set for] on set for at :
(1) Qa Trial{set, for/re-set for] on at
(8) Oo [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) OlLocal Rule 41.1 CFRCP41(a)(1) CM FRCP41(a)(2).
ao) of [Other docket entry] Enter Memorandum Order. Smith’s motion to the extent that he seeks to
avoid prepayment of the filing fees is denied. (10-1)
(1) @f [For further detail see order attached to the original minute order.]
No notices required, advised in open court. Document.
Number

No notices required.
ql umber of notices

vow.

date maited notion

Notices mailed by judge’s staff.

Notified counsel by telephone

v | Dockcting to mail notices.

Mail AO 450 form.

\|

Copy to judge/magistrate judge.

courtroom
SN deputy’s
initials

Our ees
Datevtime received i’ 1]?
central Clerk’s Office

mailing deputy initials



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

UNITED STATES OF AMERICA,

“U6 16 ayy,

Plaintiff,

ve No. 01 C 1540
(87 CR 17)

DONALD SMITH,

Defendant.
MEMORANDUM ORDER

Following this Court's July 24, 2002 issuance of its
Statement as to Certificate of Appealability regarding the Notice
of Appeal by Donald Smith (“Smith”) from the summary dismissal of
his 42 U.S.C. §2255 motion, Smith has filed a Motion To Proceed
In Forma Pauperis. That motion has been accompanied by a form of
In Forma Pauperis Declaration, which includes (1) a statement by
Smith that “I receive Approx. one hundred dollars a month froma
friend and her daughter” and (2) a certificate from the
correctional institution where Smith is in custody that as of the
August 1 date of Smith's declaration he had $121.24 in his prison
account--more than enough to cover the $105 in appellate filing
fees.

This situation differs from the usual one in which prisoners
are lacking in the necessary funds to proceed. Under the
circumstances, Smith would obviously qualify for the appointment
of pro bono counsel if he were allowed to proceed with his

appeal. But given Smith's indicated regular ongoing sources of

I/


contributed funds--and with over $120 now on hand--this Court
denies Smith's motion to the extent that he seeks to avoid
prepayment of the filing fees. Because of the information that
he has provided in that respect, this Court finds that the
installment payment provisions of 28 U.S.C. §1915 are

inapplicable.

Milton I. Shadur
Senior United States District Judge

Date: August 14, 2002