Free Order - District Court of Delaware - Delaware

Case 1;¢}iQv;¢6z3¤-JJF Document 19 Filed 10/30/2007 Page 1 0f 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E. BLAKE, :
Plaintiff, 3 V
v. E Civil Action No. 07-230-JJF
C.M.S., et al., ;
Defendants. i

WHEREAS, Plaintiff, Raymond E. Blake (“Blake”), was
incarcerated at the Howard R. Young Correctional Institution,
Wilmington, Delaware at the time he filed his Complaint under 42
U.S.C. § 1983, along with an application to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915;
WHEREAS, the Court entered an Order granting Blake leave to
proceed in fgrma pauperis and required Blake to pay the $350.00
filing fee as determined by statute, and further assessed Blake
an initial partial filing fee of $19.15 (D.I. 8);
WHEREAS, no monies have been paid towards the filing fee
owed;
WHEREAS, on October 16, 2007, the Court was notified that
Blake is no longer incarcerated (D.I. 16);
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

A A Case Document 19 Filed 10/30/2007 Page 2 of 2 i
(7m Cir. 1997); see alsg Drayer v. Attorney General, Nos. 03-
2517, 03-2518, 81 Fed. Appx. 429 (3d Cir. 2003).
THEREFORE, at Wilmington this ;3E2_ day of October, 2007, IT
IS HEREBY ORDERED that within thirty days from the date of this
Order, Plaintiff Raymond E. Blake, shall either pay the filing
fee owed ($350.00) or submit a new standard form application to
proceed without prepayment of fees and affidavit so the Court may
determine whether he is still eligible to proceed in jgrma
pauperis.
NOTE: Plaintiff Raymond E. Blake's failure to timely comply
with this Order shall result in dismissal of the case without
prejudice.
§%;
TED TAT DISTRICT J G
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