Opinion
No. 01 C 1157
February 26, 2001
MEMORANDUM OPINION AND ORDER
Darryl McGowan ("McGowan," who is now in the custody of the Illinois Department of Corrections at its Southwestern Correctional Center ("Southwestern")), has tendered this self-prepared 42 U.S.C. § 1983 ("Section 1983") Complaint based on asserted violations of his constitutional rights while in custody at the Cook County Department of Corrections ("County Jail"). This action is essentially a repeat of his Complaint in Case No. 00 C 2299, which this Court had dismissed via its September 11, 2000 memorandum order because of McGowan's then noncompliance with the 42 U.S.C. § 1997e(a) requirement of the pre-litigation exhaustion of all available administrative remedies — something that the current Complaint asserts McGowan has now taken care of (Complaint ¶ III).
But before this Court can address this new Complaint, it is constrained to note that McGowan has not complied with the requirements of 28 U.S.C. § 1915 that establish the basis for a prisoner's payment of filing fees in connection with such actions. There is no question that McGowan should know better, because he did provide that requisite information in conjunction with his 00 C 2299 lawsuit. Yet in this instance he has sent in a totally blank form of the certificate regarding his prisoner's trust fund account required from Southwestern, as well as failing to provide the printout of transactions in that account during the preceding six months.
Unless that completed information is provided to this Court in duplicate on or before March 19, 2001. this Court will be constrained to dismiss both the Complaint and this action because of McGowan's continued noncompliance with the applicable statutory requirements (something that would create the third "strike" against McGowan under the provisions of 28 U.S.C. § 1915 (g)). If however the information is tendered in timely fashion, this Court will proceed with such further steps as are appropriate in light of the Complaint and applicable law.