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

Case 1:07-cv—O0O70-SLR Document 7 Filed O3/19/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PATRICIA A. SIMPSON, )
Plaintiff, g
v. g Civ. No. 07-70-SLR
WARDEN RYAN, g
COMMISSIONER STANLEY TAYLOR, )
and BAYLOR MEDICAL STAFF, )
Defendants. g
O R D E R
1. The plaintiff Patricia A. Simpson, SBI #307575, a gg E litigant who is
presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and has
requested leave to proceed Q @a pauperis pursuant to 28 U.S.C. § 1915. The
plaintiff filed her request to proceed m pauperis without the required certified
copy of her prison trust fund account statement pursuant to 28 U.S.C. § 1915(a)(2).
2. On February 16, 2007, this Court granted the plaintiff leave to proceed
m kgs; pauperis and ordered the plaintiff to provide a certified copy of her 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 March
12, 2007.
3. Based upon the plaintiffs submissions and the Court‘s evaluation
pursuant to 28 U.S.C. § 1915(b)(1), the Court has determined that the plaintiff has no

Case 1:07-cv—O0O70-SLR Document 7 Filed O3/19/2007 Page 2 of 4
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,
complete and return to the Clerk of Court, the attached authorization form allowing the
agency having custody of her to forward all payments required by 28 U.S.C. §
19‘l5(b)(2) to the Clerk of the Court. FAILURE OF THE PLAINTIFF TO RETURN THE
AUTHORIZATION FORM TO THE CLERK OF COURT WITHIN THIRTY DAYS FROM
THE DATE THIS ORDER IS SENT SHALL RESULT IN DISMISSAL OF THIS
ACTION.
5. The plaintiff shall be required to make monthly payments of 20 percent
(20%) ofthe preceding month’s income credited to the plaintiffs prison trust account
and absent further order ofthe Court, the Warden or other appropriate official at
Delores J. Baylor Women’s Correctional Institution (BWCI), or at any prison at
which the plaintiff is or may be incarcerated, shall forward payments from her 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 'I'HE 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.
6. Pursuant to 28 U.S.C. § ‘l915(g), if plaintiff has had three or more
actions dismissed by the Court on the grounds that they were frivolous, malicious, or
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Case 1:07-cv-00070-SLR Document 7 Filed O3/19/2007 Page 3 of 4
failed to state a claim upon which relief may be granted, the Court shall deny plaintiff
leave to proceed m forma pauperis all future suits filed without prepayment of the filing
fee, unless the Court determines that plaintiff is under imminent danger of serious
physical injury.
DATED; 3/iqlvf
United State District Judge
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Case 1:07-cv—00O70-SLR Document 7 Filed 03/19/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PATRICIA A. SIMPSON, )
Plaintiff, g
v. g Civ. N0. 07-70-SLR
WARDEN RYAN, g
COMMISSIONER STANLEY TAYLOR, )
and BAYLOR MEDICAL STAFF, )
Defendants. g
AUTHORIZATION
I, Patricia A. Simpson, SBI #307575, request and authorize the agency holding
me in custody to disburse to the Clerk of the Court all 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
of the outcome of my civil action. This authorization shall apply to any other agency
into whose custody I may be transferred.
Date: , 2007.