Gibson v. Unknown Party

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JAY TODD GIBSON, # 17658-032, ) ) Plaintiff, ) ) vs. ) Case No. 3:21-cv-01478-SMY ) UNKNOWN PARTY, ) ) Defendant. ) MEMORANDUM AND ORDER YANDLE, District Judge: Jay Todd Gibson, an inmate in the Federal Bureau of Prisons - Marion, forwarded a letter addressed to the Chief Judge of this District seeking injunctive relief. (Doc. 1). Out of an abundance of caution, the Clerk of Court opened a case on his behalf. This matter is now before the undersigned for case management.

“A civil action is commenced by filing a complaint with the court.” FED. R. CIV. P. 3. But Gibson’s letter cannot be considered an adequate Complaint. While pro se litigants are not held to the same standards as licensed attorneys, they are not entitled to general dispensation from the rules of procedure. See Jones v. Phipps, 39 F.3d 158, 163 (7th Cir. 1994). Additionally, a party initiating civil litigation is required to either pay the filing fee or file a motion requesting in forma pauperis status. Gibson has done neither. Moreover, because there is no operative Complaint stating a colorable claim against a defendant, Gibson fails to make a “clear showing” that he is entitled to injunctive relief. See Mazurek v. Armstrong, 520 U.S. 968, 972 (1997).

Accordingly, the request for injunctive relief is DENIED without prejudice. Further, this action will be dismissed unless a proper Complaint is filed within 30 days of the date of this Order. Along with the filing of a Complaint, the full filing fee of $402.00 must be paid or a Motion for Leave to Proceed In Forma Pauperis (“IFP motion”) filed along with a certified copy of a Trust Fund Statement for the 6-month period immediately preceding the filing of this action. Failure to do so will result in dismissal of this action under Federal Rule of Civil Procedure 41(b). To enable Gibson to comply with this Order, the Clerk of Court is DIRECTED to provide him with a civil rights complaint form and an IFP motion form.

Gibson is ADVISED that he is under a continuing obligation to keep the Clerk of Court informed of any change in his address; the Court will not independently investigate his whereabouts. This shall be done in writing and not later than 7 days after a transfer or other change in address occurs. Failure to comply with this order will cause a delay in the transmission of court documents and may result in dismissal of this action for want of prosecution. See FED. R. CIV. P. 41(b).

IT IS SO ORDERED.

DATED: November 29, 2021 s/ Staci M. Yandle_____ STACI M. YANDLE United States District Judge