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

Case1:07-cv-00157-GIVIS D0cument4 Filed 03/29/2007 Page10f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DARYL T. ELLIS, )
Plaintiff, g
v. ) Civil Action No. 07—l57—GMS
HOWARD R. YOUNG CORRECTIONAL )
FACILITY, )
Defendant. )
ORDER
l. The plaintiff Daryl T. Ellis, SBI #564869, 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
fm forma pauperis pursuant to 28 U.S.C. § l9l5.
2. Consistent with 28 U.S.C. § l9l5(a)(l) and (2), the
plaintiff has submitted: (l) 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 plaintiff’s submissions, his request to
proceed rm forma oauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
l9l5(b)(I), 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

Case 1:07-cv—00157-G|\/IS Document 4 Filed 03/29/2007 Page 2 of 4
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 Sl.93 for the six months preceding the filing
of the complaint. The plaintiff’s average monthly deposit is
$5.00 for the six months preceding the filing of the complaint.
Accordingly, the plaintiff is required to pay an initial partial
filing fee of $l.00, this amount being 20 percent (20%) of $5.00,
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 $1.00 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.
5. Upon receipt of this order and the authorization
2

Case 1:07-cv—00157-G|\/IS Document 4 Filed 03/29/2007 Page 3 of 4
form, the Warden or other appropriate official at Howard R. Young
Correctional Institution, or at any prison at which the plaintiff
is or may be incarcerated, shall be required to deduct the $1.00
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
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.
6. Pursuant to 28 U.S.C. § l9l5(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 in fgrma 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;}7/Lz/xgh O2'? <9~00¥—
United States District Judge
F I L E D
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Case 1:07-cv—00157-G|\/IS Document 4 Filed 03/29/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DARYL T. ELLIS, )
Plaintiff, g
v. i Civil Action No. 07—l57—GMS
HOWARD R. YOUNG CORRECTIONAL g
FACILITY, )
Defendant. g
AUTHORIZATION
I, Daryl T. Ellis, SBI #564869, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of Sl.00 and the subsequent
payments pursuant to 28 U.S.C. § l9l5(b) and required by the
Court’s order dated*[l€]é;Q] @1»I , 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.