Free Order (PLRA) for Pay Authorization - District Court of Delaware - Delaware

Case 1:07-cv—O0O59-SLR Document 6 Filed O3/O2/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MYLES A. HART, )
Plaintiff, §
v. ; Civ. No. 07—59-SLR
CORRECTIONAL MEDICAL SERVICE, g
Defendant. ;
O R D E R
1. The plaintiff Myles A. Hart, SBI #00499250, a pgp
se litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 and has requested leave to proceed
ig fgrma pauperis pursuant to 28 U.S.C. § 1915. The plaintiff
filed his request to proceed in fprma pauperis without the
required certified copy of his prison trust fund account
statement pursuant to 28 U.S.C. § l915(a)(2).
2. On February 13, 2007, this Court granted the
plaintiff leave to proceed in forma pauperis and ordered the
plaintiff to provide 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 February 27, 2007.
3. In evaluating the plaintiff’s account information
pursuant to 28 U.S.C. § l915(b)(1), the Court has determined that
the plaintiff has an average account balance of $60.10 for the

Case 1:07-cv—O0O59-SLR Document 6 Filed O3/O2/2007 Page 2 of 4
six months preceding the filing of the complaint. The
p1aintiff's average monthly deposit is $121.17 for the six months
preceding the filing of the complaint. Accordingly, the
plaintiff is required to pay an initial partial filing fee of
$24.23, this amount being 20 percent (20%) of $121.17, the
greater of his average monthly deposit and average daily balance
in the trust fund account for the six months preceding the filing
of the complaint. Therefore, 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 him to forward the $24.23 initial
partial filing fee and subsequent payments to the Clerk of the
Court. FAILURE OF THE PLAINTIFF TO RETURN THE AUTHORIZATION FORM
WITHIN 30 DAYS FROM THE DATE THIS ORDER IS SENT SHALL RESULT IN
DISMISSAL OF THIS ACTION WITHOUT PREJUDICE. 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.
4. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at the Howard R.
Young Correctional Institution, or at any prison at which the
2

Case1:O7-cv—OOO59-SLR Document6 Filed O3/O2/2007 Page3of4
plaintiff is or may be incarcerated, shall be required to deduct
the $24.23 initial partial filing fee from the plaintiff's trust
account, when such funds become available, and forward that
amount to the Clerk of the Court. Thereafter, absent further
order of the Court, each time that the balance in plaintiff’s
trust account exceeds $10.00, the Warden or other appropriate
official at the Howard R. Young Correctional Institution, or at
any prison at which the plaintiff is or may be incarcerated,
shall be required to make monthly payments of 20 percent (20%) of
the preceding month's income credited to the plaintiff’s trust
account and forward that amount to the Clerk of the Court.
5. Pursuant to 28 U.S.C. § l9l5(g), if the 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 the
plaintiff leave to proceed in forma pauperis in all future suits
filed without prepayment of the filing fee, unless the Court
determines that the plaintiff is under imminent danger of serious
physical injury.
DATED; Jlrfcfl
United State District Judge
3

Case 1:07-cv—O0O59-SLR Document 6 Filed O3/O2/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MYLES A. HART, )
Plaintiff, ;
v. g Civ. No. 07-59-SLR
CORRECTIONAL MEDICAL SERVICE, g
Defendant. 5
AUTHORIZATION
I, Myles A. Hart, SBI #00499250 , request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of $24.23 and the subsequent
payments pursuant to 28 U.S.C. § l9l5(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: __ , 200?.