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

Case 1:07-cv-00040—G|\/IS Document 7 Filed 02/06/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT 4
FOR THE DISTRICT OF DELAWARE %
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KEITH HUEEARD, ) S
Plaintiff, g · M
v. g Civil Action No. 07-40-*** Q
SAMATHA S. HUBBARD AND g l
KESTER CROSSE, ) I
Defendants. g l
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FILING FEE ORDER 2
1. The plaintiff Keith Hubbard, SBI #2070489, a QLQ §§ U
litigant who is presently incarcerated, has filed this action .
pursuant to 42 U.S.C. § 1983 without prepayment of the filing
fee.
2. Consistent with 28 U.S.C. § l9I5(a)(I), on January
25, 2007, the plaintiff submitted an affidavit stating that he
has no assets with which to prepay the filing fee. Based on the
plaintiff’s affidavit, his request to proceed in fgrma pauperis
is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
l9l5(b)(I), the plaintiff shall be assessed the filing fee of
$350.00. In order to determine the schedule of payment of the
filing fee, the plaintiff shall submit to the Clerk of Court, a
certified copy of his trust fund account statement (memorandum or

Case 1:07-cv-00040—G|\/IS D0cument7 Filed 02/06/2007 Page20f3
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institutional equivalent, with attachments} showing all deposits,
egpenditures and balances during the six—month period, or lesser ;
period of incarceration if applicable, immediately preceding the a
filing of the complaint, obtained from the appropriate official g
at the institution at which the plaintiff is confined. FAILURE OF
THE PLAINTIFF TO RETURN THE REQUESTED INFORMATION WITHIN 30 DAYS
FROM THE DATE THIS ORDER IS SENT SHALL RESULT IN DISMISSAL OF {
THIS ACTION WITHOUT PREJUDICE. _
4. Unless the Court determines from the plaintiff's z
financial information that he has no assets whatsoever, an J
initial partial filing fee of 20 percent (20%) of the greater of 2
the plaintiff's average monthly deposit or average monthly l
balance in the trust fund account shall be required to be paid `
before the court reviews the complaint. NOTWITHSTANDING ANY
PAYMENT MADE, 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.
5. Pursuant to 28 U.S.C. § l9l5(g), if the plaintiff
has had three or more actions dismissed by the Court on the
ngrounds that they were frivolous, malicious, or failed to state a
claim upon which relief may be granted, then the Court shall deny y
the plaintiff leave to proceed in fgrmg pauperis in all future _
suits filed without prepayment of the filing fee, unless the E
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Case 1:07-cv-00040—G|\/IS D0cument7 Filed 02/06/2007 Page30f3
Court determines that the plaintiff is under imminent danger 0f
serious physical injury. y wWmM”_y _
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DATED: -» I gf
{n i;Ii§;; d 4l@u{i.. 4- alle I
` y le Mary Pat 2
U. vagistrate Jud•-
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