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

Case 1:07-cv-00230-JJF Document 8 Filed 07/05/2007 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E. BLAKE, )
Plaintiff, g
v. g Civil Action No. 07-230 JJF
RAYMOND D. ARMSTRONG, SHAWN g
MARGYNIAK, DAVID C. ROSENBLUM,)
Defendants. g
ORDER
1. The plaintiff, Raymond E. Blake, SBI #377092, a oro
ao litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 without prepayment of the filing fee
or an individual request to proceed fa forma pauperis pursuant to
28 U.S.C. § 1915.
2. On May 23, 2007, this Court ordered plaintiff to
provide a request to proceed fo forma pauperis separately from 3
his co—plaintiff. The plaintiff submitted the required document
on June 13, 2007. Based on the plaintiff‘s submissions, his
request to proceed fo forma pauoeris is granted and, pursuant to E
28 U.S.C. § 1915(b}(l), the plaintiff shall be assessed the i
filing fee of $350.00 and shall be required to pay an initial é
partial filing fee of 20 percent (20%) of the greater of his 5
average monthly deposit or average monthly balance in the trust
fund account. l

Case 1:07-cv-00230-JJF Document 8 Filed 07/05/2007 Page 2 of 3
3. In evaluating the plaintiff's account information
pursuant to 28 U.S.C. § l9l5(b)(l), the Court has determined that
the plaintiff has an average account balance of $26.41 for the
six months preceding the filing of the complaint. The
plaintiff’s average monthly deposit is $95.74 for the six months
preceding the filing of the complaint. Accordingly, the
plaintiff is required to pay an initial partial filing fee of
$19.15, this amount being 20 percent (20%) of $95.74, 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 $19.15 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 L
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 i
MONETARY RELIEF AGAINST A DEFENDANT WHO IS IMMUNE FROM SUCH Q
RELIEF. T
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Case 1:07-cv-00230-JJF Document 8 Filed 07/05/2007 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 $19.15 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 the 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. § 1915(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 ip fprma pauperis in all future suits
filed without prepayment of the filing fee, unless the Court E
determines that the plaintiff is under imminent danger of serious
physical injury.
DATED; 2.007 IE. ?} gl ipwiwdh
1, » Un t d St te District M ge {
3 1
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Case 1:07-cv-00230-JJF Document 8-2 Filed 07/05/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E. BLAKE, )
Plaintiff, g
g v. ; Civil Action No. 07-230 JJF
l RAYMOND D. ARMSTRONG, SHAWN ;
Â¥ MARGYNIAK, DAVID C. ROSENBLUM.)
Q Defendants. g
{ AUTHORIZATION
I I, Raymond E. Blake, SBI #377092, request and authorize the
I agency holding me in custody to disburse to the Clerk of the
y Court the initial partial filing fee of $19.15 and the subsequent
; payments pursuant to 28 U.S.C. § l9l5(b) and required by the
l 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
Q understand that the entire filing fee may be deducted from my
Q 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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