Free Order - District Court of Delaware - Delaware

- Case Document 29 Filed O2/21/2008 Page 1 0f 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E. BLAKE, ANTHONY M. :
WALKER, MICHAEL A. JOY, and :
ANTHONY D. ROGERS, :
Plaintiffs, ;
v. ; Civil Action No. 07-405-JJF
HEALTHCARE CMS, WARDEN RAPHAEL;
WILLIAMS, COMMISSIONER CARL C.:
DANBERG, GOVERNOR RUTH ANN :
MINNER, and MAYOR JAMES M. :
BAKER, :
Defendants. E
EEE
WHEREAS, Plaintiffs filed a civil rights action pursuant to
42 U.S.C. § 1983 without prepayment of the filing fee;
WHEREAS, this Court granted Plaintiff Raymond E. Blake
(“Blake”) leave to proceed without prepayment of fees, and on
September 12, 2007, entered an Order requiring Blake to complete
and return an authorization form within thirty days or the case
would be dismissed (D.I. 18);
WHEREAS, the time period has lapsed, and to date the
g authorization form has not been received from Blake;
WHEREAS, Plaintiffs, Anthony M. Walker (“Walker”) and
Anthony D. Rogers (“Rogers”), were prisoners incarcerated at the
Howard R. Young Correctional Institution, Wilmington, Delaware at
the time they filed their Complaint under 42 U.S.C. § 1983, along
with applications to proceed in fgrma pauperis pursuant to 28

Case 1:07-cv-00405-JJF Document 29 Filed 02/21/2008 Page 2 of 2
U.S.C. § 1915;
WHEREAS, the Court entered Orders granting Walker and Rogers
leave to proceed in fgrmg pauperis and required Walker and
Rogers, along with the other named Plaintiffs, to pay the $350.00
filing fee, jointly and severally, as determined by statute, and
further assessed Walker an initial partial filing fee of $9.50,
and Rogers an initial partial filing fee of $.60 (D.I. 10, 18);
WHEREAS, on October 10, 2007, the Court was notified that
Walker and Rogers are no longer incarcerated (D.I. 22, 23);
WHEREAS, on December 28, 2007, the Court ordered Walker and
Rogers to either pay the balance of the filing fee owed ($350.00)
or to submit a new standard form applications to proceed without
prepayment of fees and affidavit within thirty days of the date
1 of the order or they would be dismissed as Plaintiffs (D.I. 27);
WHEREAS, the time has lapsed and Walker and Rogers have not
complied with the Court’s Order of December 28, 2007;
THEREFORE, at Wilmington this ;%i_ day of February, 2008,
2007, IT IS HEREBY ORDERED that Raymond E. Blake, Anthony M.
Walker, and Anthony D. Rogers are DISMISSED WITHOUT PREJUDICE as
Plaintiffs in this case.

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