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

Case 1:07-cv-00254-JJF Document 6 Filed 06/13/2007 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CAMEANA M. CEPHAS )
Plaintiff, i
v. i Civil Action No. 07-254-JJF
WILLIAM H. DUPONT i
Defendant. i
ORDER
1. The plaintiff Cameana M. Cephas, SBI #349112, a pgp
gg litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. 5 1983 and has requested leave to proceed
in fgrmg pauperis pursuant to 28 U.S.C. § 1915. The plaintiff
filed her request to proceed in fgrma pauperis without the
required certified copy of her prison trust fund account
statement pursuant to 28 U.S.C. § l9l5(a)(2).
2. On May 22, 2007, this Court granted the plaintiff
leave to proceed in fgrmg pauperis and ordered the plaintiff to
provide a certified copy of her 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 8, 2007, covering the
period of incarceration, April 1, 2007 through May 31, 2007.
3. In evaluating the plaintiff’s account information
pursuant to 28 U.S.C. § 1915(b)(1), the Court has determined that

Case 1:07-cv-00254-JJF Document 6 Filed 06/13/2007 Page 2 of 3
the plaintiff has an average account balance of $ 23.92 for the
two month period preceding the filing of the complaint. The
plaintiff’s average monthly deposit is $126.52 for the two month
period preceding the filing of the complaint. Accordingly, the
plaintiff is required to pay an initial partial filing fee of
$25.31, this amount being 20 percent (20%) of $126.52, the
greater of her average monthly deposit and average daily balance
in the trust fund account for the two month period 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 her to forward the $25.31 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.
4. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at the Women’s
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Case 1:07-cv-00254-JJF Document 6 Filed 06/13/2007 Page 3 of 3
Correctional Institution, or at any prison at which the plaintiff
is or may be incarcerated, shall be required to deduct the $25.31
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 $10.00, the Warden or other appropriate official at
Women’s 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. § l915(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.
gg: Unitrd Swa - Distric Judge
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Case 1:07-cv—00254-JJF Document 6-2 Filed 06/13/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CAMEANA M. CEPHAS )
Plaintiff, ;
v. ; Civil Action No. 07-254-JJF
WILLIAM H. DUPONT ;
Defendant. g
AUTHORIZATION
I, Cameana M. Cephas, SBI #349112, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of $25.31 and the subsequent
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 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. -

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