Free Order - District Court of Delaware - Delaware

Case 1:07-cv-00405-JJF Document 27 Filed 12/28/2007 Page1 0f2
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, E
v. 5 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. 2
EES
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 fo forma pauperis pursuant to 28
U.S.C. § 1915; .
WHEREAS, the Court entered Orders granting Walker and Rogers
leave to proceed fo forma oauperis 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, no monies have been paid towards the filing fee
owed by Walker or Rogers, but Plaintiff Michael A. Joy has paid

Case 1:07-cv-00405-JJF Document 27 Filed I Page 2 of 2
$19.43 towards the filing fee amount;
WHEREAS, on October 10, 2007, the Court was notified that
Walker and Rogers are no longer incarcerated (D.I. 22, 23);
WHEREAS, under the Prison Litigation Reform Act, release
does not eliminate the obligation of payment of a filing fee that
could and should have been met from the trust account while
imprisonment continued. Robbins v. Switzer, 104 F.3d 895, 899
(7* Cir. 1997); see also Drayer v. Attorney General, Nos. 03-
2517, 03-2518, 81 Fed. Appx. 429 (3d Cir. 2003).
THEREFORE, at Wilmington this ;§£i_ day of December, 2007,
I IT IS HEREBY ORDERED that within thirty days from the date of
this Order, Plaintiffs, Anthony M. Walker and Anthony D. Rogers
shall either pay the balance of the filing fee owed ($330.57) or
each shall submit a new standard form application to proceed
without prepayment of fees and affidavit so the Court may
determine whether they are still eligible to proceed in fgrma
pauperis.
NOTE: Plaintiffs Anthony M. Walker and Anthony D. Rogers
failure to timely comply with this Order shall result in their
respective dismissal without prejudice from this case.
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UNET D S AT _ ISTRICT D E
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