Free Order (PLRA) No Funds - District Court of Delaware - Delaware

Case 1:07-cv—00342-SLR Document 7 Filed 06/28/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ARSON I. GIBBS, SR., )
Plaintiff, g
v. gCiv. No. 07-342-SLR
GOVERNOR RUTH ANN MINNER, et g
al, )
I
Defendants. )
O R D E R
1. The plaintiff Arson I. Gibbs, Sr., SBI #66982, a gg E litigant who is
presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and has
requested leave to proceed @ pauperis pursuant to 28 U.S.C. § 1915. The
plaintiff filed his request to proceed Q gag 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 15, 2007, this Court granted the plaintiff leave to proceed m
@2; 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 June
27, 2007.
3. Based on the plaintiffs submissions, the Court has determined that the
plaintiff has no assets and no means to pay the initial partial tiling fee,
nevertheless, any money the plaintiff later receives will be collected in the
manner described below.

Case 1:07-cv—00342-SLR Document 7 Filed 06/28/2007 Page 2 of 4
4. 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 all payments required by 28 U.S.C. §
1915(b)(2) to the Clerk of the Court. FAILURE OF THE PLAlN'l'lFF TO RETURN THE
AUTHORIZATION FORM TO THE CLERK OF COURT WITHIN THIRTY DAYS FROM
THE DATE THIS ORDER IS SENT SHALL RESULT IN DISMISSAL OF THIS
ACTION.
5. The plaintiff shall be required to make monthly payments of 20 percent
(20%) of the preceding month's income credited to the plaintiffs prison trust account
and absent further order of the Court, the Warden or other appropriate official at the
Delaware Correctional Center, or at any prison at which the plaintiff is or may be
incarcerated, shall forward payments from his account to the Clerk of the Court each
time the amount in the account exceeds $10.00 until the filing fee is paid.
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.
6. Pursuant to 28 U.S.C. § 1915(g), if 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 plaintiff
leave to proceed m pauperis all future suits tiled without prepayment of the filing
2

Case 1:07-cv-00342-SLR Document 7 Filed 06/28/2007 Page 3 of 4
fee, unless the Court determines that plaintiff is under imminent danger of serious
physical injury.
DATED; cp /48 [07
United States " istrict Judge
3

Case 1:07-cv—00342-SLR Document 7 Filed 06/28/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ARSON I. GIBBS, SR., )
I
Plaintiff, )
I
v. ) Civ. N0. 07-342-SLR
I
GOVERNOR RUTH ANN MINNER, et )
al, )
I
Defendants. )
AUTHORIZATION
l, Arson I. Gibbs, Sr., SBI # 66982 request and authorize the agency holding me
in custody to disburse to the Clerk ofthe Court all payments pursuant to 28 U.S.C. §
1915(b) and required by the Court's order dated , 2007.
This authorization is furnished to the Clerk of Court in connection with the tiling
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.
Signature of Plaintiff