Free Order (PLRA) No Funds - District Court of Delaware - Delaware

Case 1:07-cv—O0146-SLR Document 5 Filed O4/12/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ENIANUEL H. JONES, )
Plaintiff, g
v. g Civ. N0. 07-148-SLR
CORRECTIONAL MEDICAL SERVICE, g
Defendant. g
O R D E R
1. The plaintiff Emanuel H. Jones, SBI #557338, a go se Iitigant who is
presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 without
prepayment of the filing fee or a request to proceed Q pauperis pursuant to 28
U.S.C. § 1915.
2. On I\/larch 26, 2007, this Court assessed the plaintiff the $350.00 filing
fee and ordered him to provide a request to proceed m pauperis and a certified
copy of his 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 April 5, 2007.
3. Based on the plaintiff's submissions, his request to proceed m
pauperis is granted. The Court has determined that the plaintiff has no assets and
no means to pay the initial partial filing fee, nevertheless, any money the plaintiff
later receives will be collected in the manner described below.
4. The plaintiff shall, within thirty days from the date this order is sent,

Case 1:07-cv—O0146-SLR Document 5 Filed O4/12/2007 Page 2 of 4
complete and return to the Clerk of Court, the attached authorization form allowing the
agency having custody of him to forward all payments required by 28 U.S.C. §
1915(b)(2) to the Clerk of the Court. FAILURE OF THE PLAINTIFF TO RETURN THE
AUTHORIZATION FORM TO THE CLERK OF COURT W|'|'HIN THIRTY DAYS FROM
THE DATE THIS ORDER IS SENT SHALL RESULT IN DISMISSAL OF THIS
AC'|'ION.
5. The plaintiff shall be required to make monthly payments of 20 percent
(20%) of the preceding month’s income credited to the plaintiffs prison trust account
and absent further order of the Court, 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 forward payments from his account to the Clerk of the Court
each time the amount in the account exceeds $10.00 until the filing fee is paid.
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.
8. Pursuant to 28 U.S.C. § 1915(g), if 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 plaintiff
leave to proceed in @a pauperis all future suits filed without prepayment of the filing
fee, unless the Court determines that plaintiff is under imminent danger of serious
2

Case 1:07-cv-00146-SLR Document 5 Filed O4/12/2007 Page 3 of 4
physical injury.
DATED: 4/ii {wi
United States strict Judge
3

Case 1:07-cv—00146-SLR Document 5 Filed 04/12/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EMANUEL H. JONES, )
Plaintiff, g
v. g Civ. No. 07-146-SLR
CORRECTIONAL MEDICAL SERVICE, g
Defendant. g
AUTHORIZATION
I, Emanuel H. Jones, SBI #557338 request and authorize the agency holding me
in custody to disburse to the Clerk ofthe Court all payments pursuant to 28 U.S.C. §
191 5(b) and required by the Courts 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.