Date: April 29, 1994



UNITED STATES COURT OF APPEALS

For the Seventh Circuit



Chicago, Illinois 60604

CIRCUIT RULE 3(b) NOTICE



Re: Osterbur, James F. v. State of Illinois

Appeal No.: 94-1943

District Court No.: 94 C 2001



To: James F. Osterbur

2550 E

2191 County Road

St. Joseph, IL 61873



1.



Case argument to this court is presented to this court only in the formal court briefs, briefs are not due or accepted until after the fee status has been settled, see our rules on what we require in your brief.



Circuit Rule 3(b) empowers the clerk to dismiss an appeal if the docket fee is not paid within fourteen days of the docketing of the appeal. This appeal was docketed on 4/26/94. The District Court has indicated that as of 4/21/94 the docket fee has not been paid. Depending on the circumstances, you must do one of the following:



Pay the required $100.00 docketing fee PLUS the $5.00 notice of appeal filing fee to the District Court Clerk, if you have not already done so. The Court of Appeals cannot accept this fee. You should keep a copy of the receipt for your records.



2. File a motion to proceed on appeal in forma pauperis with the District Court. An original and three (3) copies of that motion, with proof of service on your opponent, is required. This motion must be supported by an affidavit in the form of a sworn statement listing the assets and income of the appellant(s).



If one of the above stated actions is not taken, the appeal will be dismissed.



Please do not attempt to file the appellant(s)'s brief in this appeal until either the docketing fee has been paid or leave to proceed on appeal in forma pauperis has been granted. The Clerk's Office is not authorized to file any party's brief until one or the other of the above requirements has been met. Briefs sent before then will be returned. The mere filing of a motion to proceed in forma pauperis does NOT meet this requirement; an order granting such a motion will have had to be entered.



(2071-120393) bcc: John M. Waters

The U.S. court of appeals does not issue supeonas.



For