Free Order (PLRA) for Pay Authorization - District Court of Delaware - Delaware

Case 1:07-cv-00365-JJF Document 10 Filed O9/24/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
USHANGO OWENS, )
Piainti f I , 3
v. g Civil Action No. 07-365-JJF
GOVERNOR RUTH ANNE MINOR, g
DELAWARE STATE EMPLOYEES, )
OFFICER FOX, OFFICER KIRKLIN, )
MAYOR JAMES BAKER, WILMINGTON )
HOSPITAL EMERGENCY, )
WILMINGTON POLICE DEPARTMENT, )
GANDER HILL PRISON HRYCI, )
Defendants. g
ORDER
1. The plaintiff Ushango Owens, SBI #240623, a pgp sg
litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 and has requested leave to proceed
in fgrmg pauperis pursuant to 28 U.S.C. § 1915. The plaintiff
filed his request to proceed in forma pauperis without the
required certified copy of his prison trust fund account
statement pursuant to 28 U.S.C. § 1915(a)(2).
2. On June 25, 2007, this Court granted the plaintiff
leave to proceed in fgrma pauperis and ordered the plaintiff to
provide a certified copy of his prison trust fund account
statement for the six—month period immediately preceding the
filing of the above—referenced complaint. The plaintiff
submitted the required documents on July 11, 2007.

Case 1:07-cv-00365-JJF Document 10 Filed 09/24/2007 Page 2 of 3
3. In evaluating the plaintiff's account information
pursuant to 28 U.S.C. § l915(b)(1), the Court has determined that
the plaintiff has an average account balance of $4.11 for the six
months preceding the filing of the complaint. The plaintiff's
average monthly deposit is $13.51 for the six months preceding
the filing of the complaint. Accordingly, the plaintiff is
required to pay an initial partial filing fee of $2.6Q, this
amount being 20 percent (20%) of $13.51, the greater of his
average monthly deposit and average daily balance in the trust
fund account for the six months preceding the filing of the
complaint. Therefore, the plaintiff shall, within thirty days
from the date this order is sent, complete and return to the
Clerk of Court, the attached authorization form allowing the
agency having custody of him to forward the $2.64 initial partial
filing fee and subsequent payments to the Clerk of the Court.
FAILURE OF THE PLAINTIFF TO RETURN THE AUTHORIZATION FORM WITHIN
30 DAYS FROM THE DATE THIS ORDER IS SENT SHALL RESULT IN
DISMISSAL OF THIS ACTION WITHOUT PREJUDICE. NOTWITHSTANDING ANY
PAYMENT 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 IMMUNE FROM SUCH
RELIEF.
2

Case 1:07-cv-00365-JJF Document 10 Filed 09/24/2007 Page 3 of 3
4. Upon receipt of this order and the authorization
form, the warden or other appropriate official at the Howard R.
Young Correctional Institution, or at any prison at which the
plaintiff is or may be incarcerated, shall be required to deduct
the $2.64 initial partial filing fee from the plaintiff’s trust
account, when such funds become available, and forward that
amount to the Clerk of the Court. Thereafter, absent further
order of the Court, each time that the balance in plaintiff's
trust account exceeds $l0.00, the Warden or other appropriate
official at Howard R. Young Correctional Institution, or at any
prison at which the plaintiff is or may be incarcerated, shall be
required to make monthly payments of 20 percent (20%) of the
preceding month's income credited to the plaintiff's trust
account and forward that amount to the Clerk of the Court.
5. Pursuant to 28 U.S.C. § l9l5(Q). if the plaintiff
has had three or more actions dismissed by the Court on the
grounds that they were frivolous, malicious, or failed to state a
claim upon which relief may be granted, the Court shall deny the
plaintiff leave to proceed in fgrmg pauperis in all future suits
filed without prepayment of the filing fee, unless the Court
determines that the plaintiff is under imminent danger of serious
physical injury.
@}H#%i. _.-- w ,3,r !m%faaq %§§P§f I igir
DATED; as$»wr’»-·“w -·— -.-- dsx dt? Q"i;@#%@&#£§ ‘@ · .i·t xC$i°
United §“»te~ D'-trict Ju?@*'
3

Case 1:07-cv—OO365-JJF Document 10-2 Filed O9/24/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
USHANGO OWENS, )
Plaintiff, g
v. ; Civil Action No. 07-365-JJF
GOVERNOR RUTH ANNE MINOR, g
DELAWARE STATE EMPLOYEES, )
OFFICER FOX, OFFICER KIRKLIN, )
MAYOR JAMES BAKER, WILMINGTON )
HOSPITAL EMERGENCY, )
WILMINGTON POLICE DEPARTMENT, )
GANDER HILL PRISON HRYCI, )
Defendants. g
AUTHORIZATION
I, Ushango Owens, SBI #240623, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of $2.64 and the subsequent
payments pursuant to 28 U.S.C. § l9l5(b) and required by the
Court's order dated , 2007.
This authorization is furnished to the Clerk of Court in
connection with the filing of a civil action, and I understand
that the filing fee for the complaint is $350.00. I also
understand that the entire filing fee may be deducted from my
trust account regardless of the outcome of my civil action. This
authorization shall apply to any other agency into whose custody
I may be transferred.
Date: , 2007.