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

Case 1:07-cv—00210-SLR Document 4 Filed 05/10/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CURTIS L. EVANS, )
Plaintiff, g
v. g Civ. No. 07-210-SLR
THOMAS CARROLL, g
Defendants. g
O R D E R
1. The plaintiff Curtis L. Evans, SBI #340708, a gg; sa litigant who is
presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and has
requested leave to proceed Q gma pauperis pursuant to 28 U.S.C. § 1915.
2. Consistent with 28 U.S.C. § 1915(a)(1) and (2), the plaintiff has
submitted: (1) an affidavit stating that he has no assets with which to prepay the filing
fee; and (2) a certified copy of his prison trust fund account statement for the six-month
period immediately preceding the filing of the above—referenced complaint. Based on
the plaintiffs submissions, his request to proceed in fcmirta pauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. § 1915(b)(1), the
plaintiff shall be assessed the filing fee of $350.00 and shall be required to pay an initial
partial filing fee of 20 percent (20%) of the greater of his average monthly deposit or
average monthly balance in the trust fund account.
4. In evaluating the plaintiff’s account information, the Court has
determined that the plaintiff has an average account balance of $188.42 for the six

Case 1:07-cv—00210-SLR Document 4 Filed 05/10/2007 Page 2 of 4
months preceding the filing of the complaint. The plaintiffs average monthly deposit is
$111.66 for the six months preceding the filing ofthe complaint. Accordingly, the
plaintiff is required to pay an initial partial filing fee of $33.68, this amount being 20
percent (20%) of $168.42, 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 the attached authorization form allowing the agency
having custody of him to forward the $33.68 initial partial filing fee and
subsequent payments to the Clerk ofthe 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.
5. Upon receipt of this order and the authorization form, the Warden or
other appropriate official at Delaware Correctional Center, or at any prison at which the
plaintiff is or may be incarcerated, shall be required to deduct the $33.68 initial partial
filing fee from the plaintiffs 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 plaintiffs trust account exceeds $10.00, the
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Case 1:07-cv—00210-SLR Document 4 Filed 05/10/2007 Page 3 of 4
Warden or other appropriate official at Delaware Correctional Center, 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
plaintiffs trust account and forward that amount to the Clerk of the Court.
6. Pursuant to 28 U.S.C. § ‘l915(g), 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 Q [gig 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.
DATED: \'5]l0/01 jh. g
United State istrict Judge
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Case 1:07-cv—00210-SLR Document 4 Filed 05/10/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CURTIS L. EVANS, )
Plaintiff, g
v. g Civ. N0. 07-210-SLR
THOMAS CARROLL, g
Defendants. ;
AUTHORIZATION
I, Curtis L. Evans, SBI #340708, request and authorize the agency holding me in
custody to disburse to the Clerk of the Court the initial partial filing fee of $33.68 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
ofthe outcome of my civil action. This authorization shall apply to any other agency
into whose custody I may be transferred.
Date; , 2007.