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

Case 1:07-cv-OO405—JJF Document 10 Filed 07/10/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E.BLAKE, )
ANTHONY M. WALKER, )
MICHAEL A. JOY, )
NAHEIM HAMMOND, )
MICHAEL SMALLWOOD, )
GENE B. MADGETTE, )
ANTHONY D. ROGERS, )
DARON J. RODGERS. )
STEVEN JOYNER, )
TERRENCE ROBINSON, )
)
Plaintiffs, )
)
v. ) Civil Action No. 07-405-JJF
>
HEALTHCASE C.M.S., }
WARDEN RAPHAEL WILLIAMS, )
COMMISSIONER CARL C. DANBERG, )
GOVERNOR RUTH ANN MINNER, )
MAYOR JAMES M. BAKER, )
)
Defendants. )
>
FILING FEE ORDER
1. The plaintiffs Anthony D. Rogers, SBI #342210 and
Steven Joyner, SBI #537610, pro gg litigants who are presently
incarcerated, have filed this action pursuant to 42 U.S.C. § 1983
without prepayment of the filing fee.
2. Consistent with 28 U.S.C. § l9l5(a)(l),the
plaintiffs submitted affidavits stating that they have no assets
with which to prepay the filing fee. Based on the plaintiffs'
affidavits, their request to proceed in forma pauperis is
granted.

Case1:07-cv-00405-JJF D0cument10 Filed 07/10/2007 Page2of3
3. Notwithstanding the above, pursuant to 28 U.S.C. §
l9l5(b)(l), the plaintiffs shall be assessed the filing fee of
$350.00. In order to determine the schedule of payment of the
filing fee, each plaintiff shall submit to the Clerk of Court, a
certified copy of his trust fund account statement (memorandum or
institutional equivalent, with attachments) showing all deposits,
egpenditures and balances during the six—month period,
immediately preceding the filing of the complaint, obtained from
the appropriate official at the institution at which the
plaintiffs are confined. FAILURE OF THE PLAINTIFFS 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 plaintiffs’
financial information that they have no assets whatsoever, an
initial partial filing fee of 20 percent (20%) of the greater of
the plaintiffs’ average monthly deposit or average monthly
balance in the trust fund account shall be required to be paid
before the court reviews the complaint. NOTWITHSTANDING ANY
PAYMENT MADE, THE COURT SHALL DISMISS THE CASE IF THE COURT Z
DETERMINES THAT THE ACTION IS FRIVOLOUS OR MALICIOUS, FAILS TO I
STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED, OR SEEKS MONETARY i
RELIEF AGAINST A DEFENDANT WHO IS IMMUNE FROM SUCH RELIEF. $
5. Pursuant to 28 U.S.C. § l9l5(g), if the plaintiffs E
have had three or more actions dismissed by the Court on the ?

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Case1:07-cv-00405-JJF D0cument10 Filed 07/10/2007 Page30f3
grounds that they were frivolous, malicious, or failed to state a
claim upon which relief may be granted, then the Court shall deny
the plaintiffs leave to proceed ig forma pauperis in all future
suits filed without prepayment of the filing fee, unless the
Court determines that a plaintiff is under imminent danger of
serious physical injury.
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DATED: lOl)»(~"»*'j “ l
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