# Perkins v. Brown

> District Court, S.D. Illinois · September 14, 2021

URL: https://www.frixlaw.com/law-library/cases/10154115

## Case

- **Court:** District Court, S.D. Illinois
- **Decided:** September 14, 2021
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

LAQUAN PERKINS, #Y17988 )
)
Plaintiff, )
)
vs. ) Case No. 21-cv-711-NJR
)
CHRISTINE BROWN, et al., )
)
Defendants. )

ORDER OF DISMISSAL

ROSENSTENGEL, Chief Judge:
On August 4, 2021, Plaintiff Laquan Perkins was ordered to pay the filing fee of $402.00
or to file an IFP Motion within thirty (30) days. (Doc. 6). He was warned that failure to do so
would result in dismissal of the action, and he was provided with a blank IFP Motion. Id.
To date, Perkins has not filed for IFP or paid the filing fee. Therefore, this action is
DISMISSED without prejudice for want of prosecution and failure to comply with an Order of
this Court. See FED. R. CIV. P. 41(b); Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson
v. Kamminga, 34 F.3d 466 (7th Cir. 1994).
Plaintiff’s obligation to pay the $402.00 filing fee for this action was incurred at the time
the action was filed. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir.
1998). Accordingly, the agency having custody of Plaintiff is directed to remit the $402.00 filing
fee from his prison trust fund account if such funds are available. If he does not have $402.00 in
his account, the agency must send an initial payment of 20% of the current balance or the average
balance during the past six months, whichever amount is higher. Thereafter, the agency shall begin
forwarding monthly payments of 20% of the preceding month’s income credited to Plaintiff’s trust
fund account (including all deposits to the inmate account from any source) until the statutory fee
of $402.00 is paid in its entirety. The agency having custody of Plaintiff shall forward payments
from his account to the Clerk of Court each time his account exceeds $10.00 until the $402.00
filing fee is paid. Payments shall be mailed to: Clerk of the Court, United States District Court for
the Southern District of Illinois. The Clerk is DIRECTED to mail a copy of this Order to the Trust
Fund Officer at the Pinckneyville Correctional Center upon entry of this Order.
The Clerk is DIRECTED to close this case.
IT IS SO ORDERED.
DATED: September 14, 2021 Tl (cn iting
“oo
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10154115. Public record. Not legal advice.