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

Case 1:07-cv—O0O70-SLR Document 16 Filed 09/25/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PATRICIA A. SIMPSON, )
Plaintiff, g
v. g Civil Action No. 07-070-SLR
CORRECTIONAL MEDICAL SYSTEMS,)
Defendant. g
ORDER
WHEREAS, plaintiff, Patricia A. Simpson, was a prisoner incarcerated at the
Delores J. Baylor Women’s Correctional Institution ("BWCI"), at the time she filed her
complaint under 42 U.S.C. § 1983, along with an application to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915;
WHEREAS, on February 15, 2007, this court entered an order granting leave to
proceed in forma pauperis, and requiring plaintiff to pay the $350.00 filing fee as
determined by statute;
WHEREAS, on July 20, 2007, plaintiff notified the court by telephone that she is
no longer incarcerated;
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 (7‘“
Cir. 1997); geggg Drayer v. Attorney General, Nos. 03-2517, 03-2518, 81 Fed. Appx.
429 (3d Cir. 2003).

Case 1:07-cv—O0O70-SLR Document 16 Filed O9/25/2007 Page 2 of 2
THEREFORE, at Wilmington this ¤'l·’·i"'*`day of September, 2007, IT IS HEREBY
ORDERED that within thirty days from the date of this order, plaintiff shall either pay the
filing fee owed ($350.00) or submit a new standard form application to proceed without
prepayment of fees and affidavit so the court may determine whether she is still eligible
to proceed in forma pauperis.
NOTE: Failure to timely comply with this order shall result in dismissal of
this case without prejudice.
UNITED ST/Wg DISTRICT JUDGE
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