Free Order (PLRA) Missing Documents - District Court of Delaware - Delaware

Case 1:07-cv-00125-JJF Document 38 Filed 07/O1/2008 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E. BLAKE, :
Plaintiff, ;
v. Z Civil Action N0. 07-125-JJF
DAVID PRADO, et al., ;
Defendants. ;
QERBFB
NOW THEREFORE, IT IS HEREBY ORDERED that:
Plaintiff, a ppg se litigant, was incarcerated at the time
he filed this action pursuant to 42 U.S.C. § 1983 on February 28,
2007. (D.I. 2.) On May 28, 2008, an Order sent to Raymond E.
Blake in a separate case, Civ. Action No. 07-230-JJF (D.I. 29),
was returned indicating that Plaintiff had been released and is
no longer incarcerated.
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
(7“ Cir. 1997); see also Drayer v. Attorney General, Nos. 03-
2517, 03-2518, 81 Fed. Appx. 429 (3d Cir. 2003).
Within THIRTY DAYS from the date of this Order, Plaintiff
Raymond E. Blake, shall either pay the filing fee owed or shall
submit a new standard form application to proceed without
prepayment of fees and affidavit so the Court may determine

Case1:O7-cv—OO125-JJF Document 38 Filed 07/O1/2008 Page20f2
whether he is still eligible to proceed ig forma pauperis.
NOTE: The failure of Raymond Blake to timely comply with
this Order shall result in dismissal of his Complaint without
prejudice.
DATED: [16% STiTg§ DISTRICT QDGE
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