Free Order - District Court of Delaware - Delaware

Case1:07-cv-00125-JJF Document 24 Filed 10/29/2007 Page1 0f2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E. BLAKE, :
Plaintiff, E
v. ; Civ. Action No. 07—125—JJF
DAVID PRADO, SHAWN MARGYNIAK, ;
and MICHAEL SZCZERBA, :
Defendants. ;
Q!-QE
WHEREAS, on October 5, 2007, the Court entered an order
dismissing the case without prejudice for failure to timely
submit USM—285 forms (D.I. 17);
WHEREAS, the USM—285 forms have been received;
WHEREAS, the Court entered an Order granting Plaintiff leave
to proceed in fgrma pauperis and required him to pay the $350.00
filing fee, as determined by statute, and further assessed an
initial partial filing fee of $16.14 (D.I. 4);
WHEREAS, Plaintiff has paid $16.14 towards the filing fee
owed;
WHEREAS, Plaintiff notified the court that he has been
released from prison and of his new address (D.I. 19);
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

Case1:O7-cv-00125-JJF Document 24 Filed 10/2922007 Page20f2
(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 Y;§§X day of October, 2007, IT
IS HEREBY ORDERED:
1. The October 5, 2007 dismissal Order (D.I. 17) is VACATED
and the case is REOPENED.
2. Within thirty days from the date of this Order,
Plaintiff shall either QA; the balance of filing fee owed
($333.86) 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 ig fgrma
pauperis.
NOTE: Plaintiff’s failure to timely comply with this Order
shall result in the dismissal of this case without prejudice.
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