Free Order (PLRA) Missing Documents - District Court of Delaware - Delaware

Case1:07-cv-00394-GIVIS D0cument5 Filed 07/06/2007 Page10f3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JONI L. JOHNSON, )
Plaintiff, 3
v. ; Civil Action No. 07-394-GMS
JOSEPH BIDEN, JR., ;
COMMISSIONER CARL DANBERG, )
BUREAU CHIEF RICK KEARNY, )
WARDEN PATRICK RYAN, COLLEEN )
SHOTZBURGER, MS. RUSSEL, )
MR. o’coNNoR, )
Defendant(s). g
ORDER
l. The plaintiff Joni L. Johnson, SBI #l82823, a pro
sg litiqant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 without prepayment of the filing fee
or a request to proceed in forma pauperis.
2. Pursuant to 28 U.S.C. § l9l5(b), the plaintiff
shall be assessed the filing fee of $350.00.
3. Pursuant to the requirements of 28 U.S.C.
§ l9l5(a)(l) and (2), and in order to determine the schedule of
payment of the filing fee, the plaintiff shall submit to the
Clerk of Court, a request to proceed in forma pauperis and a
certified copy of her prison trust fund account statement
(memorandum or institutional equivalent, with attachments)

Case 1:07-cv—00394-G|\/IS Document 5 Filed 07/06/2007 Page 2 of 3
showing all deposits, expenditures and balances during the six-
month period immediately preceding the filing of the complaint,
obtained from the appropriate official at each institution at
which the plaintiff is confined. FAILURE OF THE PLAINTIFF TO
RETURN THE REQUESTED INFORMATION WITHIN 30 DAYS FROM THE DATE
THIS ORDER IS SENT SHALL RESULT IN DISMISSAL OF THIS ACTION
WITHOUT PREJUDICE.
4. Unless the Court determines from the plaintiff’s
financial information that he has no assets whatsoever, an
initial partial filing fee of 20 percent (20%) of the greater of
the plaintiff’s average monthly deposit or average monthly
balance in the trust fund account shall be required to paid
before the court reviews the complaint. NOTWITHSTANDING ANY
PAYM NT MADE OR REQUIRED, THE COURT SHALL DISMISS THE CASE IF THE
COURT DETERMINES THAT THE ACTION IS FRIVOLOUS OR MALICIOUS, FAILS
TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED, OR SEEKS
MONETARY RELIEF AGAINST A DEFENDANT WHO IS IM UNE FROM SUCH
RELIEF.
5. Pursuant to 28 U.S.C. § l9l5(g), if the plaintiff
has had three or more actions dismissed by the Court on the
grounds that they were frivolous, malicious, or failed to state a
claim upon which relief may be granted, then the Court shall deny
the plaintiff leave to proceed ip fppma pauperis in all future
suits filed without prepayment of the filing fee, unless the
2

Case 1:07-cv—00394-G|\/IS Document 5 Filed 07/06/2007 Page 3 of 3
Court determines that the plaintiff is under imminent danger of
serious physical injury.
’- 1 . E;
DATED:té}DUZW~,C;,;§%hj?L United States District Judge
3