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

Case 1:07-cv—OO344-G|\/IS Document 7 Filed 07/O2/2007 Page1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DENNIS WATSON, )
Plaintiff, g
v. ; Civil Action No. 07-344-GMS
WILMINGTON POLICE DEPARTMENT, g
OFFICER JOHN DOE I, OFFICER )
JOHN DOE II, OFFICER JOHN DOE )
1:11, >
)
Defendants. )
ORDER
l. The plaintiff Dennis Watson, SBI #202818, a oro ao
litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § l983 and has requested leave to proceed
ro forma pauperis pursuant to 28 U.S.C. § l9l5. The plaintiff
filed his request to proceed fo forma pauoeris without the
required certified copy of his prison trust fund account
statement pursuant to 28 U.S.C. § l9l5(a)(2).
2. On June 7, 2007, this Court granted the plaintiff
leave to proceed fo forma pauoeris 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. In evaluating the plaintiff’s account information
pursuant to 28 U.S.C. § l9l5(b)(l), the Court has determined that

Case 1:07-cv—OO344-G|\/IS Document 7 Filed 07/O2/2007 Page 2 of 4
the plaintiff has no assets and no means to pay the initial
partial filing fee, nevertheless, any money the plaintiff later
receives will be collected in the manner described below.
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. §
l9l5(b)(2) to the Clerk of the Court. FAILURE OF THE PLAINTIFF
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 plaintiff’s prison trust account and absent
further order of the Court, 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 forward payments from his account to the Clerk of the Court
each time the amount in the account exceeds $l0.00 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
2

Case 1:07-cv—OO344-G|\/IS Document 7 Filed 07/O2/2007 Page 3 of 4
RELIEF AGAINST A DEFENDANT WHO IS IM UNE FROM SUCH RELIEF.
6. Pursuant to 28 U.S.C. § l9l5(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 in forma pauperis all future suits filed without
prepayment of the filing fee, unless the Court determines that
plaintiff is under imminent danger of serious physical injury.
éh?•::: E :3 Q ’
DATED:
U ited States District Judge
JUL — 2 EUU7
U$.D5TmCTCOURT
DISTRICT OF DELAWARE
3

Case 1:07-cv—OO344-G|\/IS Document 7 Filed 07/O2/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DENNIS WATSON, )
Plaintiff, ;
v. g Civil Action No. 07—344—GMS
WILMINGTON POLICE DEPARTMENT, ;
OFFICER JOHN DOE I, OFFICER )
JOHN DOE II, OFFICER JOHN DOE )
III, )
)
Defendants. )
AUTHORIZATION
I, Dennis Watson, SBI #2028l8 request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court all 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.
Signature of Plaintiff