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

Case 1 :07-cv—00344-GIVIS Document 9 Filed 09/24/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DENNIS WATSON, )
Plaintiff, g
v. ) Civ. N0. 07-344-GMS
WILMINGTON POLICE DEPARTMENT, )
et. al., )
)
Defendants. )
ORDER
WHEREAS, Dennis Watson ("Watson"), was a prisoner incarcerated at the Howard R.
Young Correctional Institution, Wilmington, Delaware, at the time he filed this 42 U.S.C. §
1983 lawsuit, along with an application to proceed informa pauperis pursuant to 28 U.S.C. §
1915; l
WHEREAS, on June 7, 2007, the court entered an order and granted Watson leave to
proceed informa pauperis, assessing a filing fee of $3 50, and on July 2, 2007, entered an order
requiring Watson to submit his payment authorization form within 30 days (D.I. 4, 7);
WHEREAS, the July 2, 2007 order was retumed as undeliverable and the envelope
indicated that Watson has been released from prison;
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 %€day 0fAu-gust, i;;`IT IS HEREBY
S-QT-l
Case 1:07-cv—00344-Gl\/IS Document 9 Filed 09/24/2007 Page 2 of 2
ORDERED that within thirty days from the date of this order, Watson shall either pay the tiling
fee owed ($350.00) or submit a new standard form application to proceed without prepayment of
fees and affidavit so that the court may determine whether he is still eligible to proceed informa
pczuperis.
NOTE: Failure to timely comply with this order shall result in dismissal of this case
without prejudice. é
ED STATES ISTRI J DG
F I L E D
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