Free Order - District Court of Delaware - Delaware

Case 1:06-cv-00072-JJF Document 14 Filed 09/14/2006 Page 1 012
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AMBROSE SYKES, :
Plaintiff, ;
v. E Civil Action No. 06-072-JJF
THOMAS CARROLL and TRACI Z
JOHNSON, ;
Defendants. E
O R D E R
Plaintiff Ambrose Sykes (“Sykes"), an inmate housed at the
Delaware Correctional Center filed his complaint on February 2,
2006. (D.I. 2.) At the same time he filed a motion for leave to
proceed in forma pauperis. (D.I. 1.) The motion was granted and
on February 9, 2006, the Court assessed a filing fee of $250.000
and required an initial partial filing fee of $11.76. (D.I. 4.)
Sykes signed an authorization requesting the prison business
office disburse payments to the Clerk of the Court for payment of
the filing fee. (D.I. 6.) Since that time payments have been
made as follows: $11.76 on May 4, 2006; $7.92 on May 18, 2006;
$7.92 on July 27, 2006; and $49.60 on August 15, 2006.
Now before the Court is Sykes’ letter/motion to amend the
authorization for monies to be deducted from his prison trust
account. (D.I. 13.) Sykes contends that the prison business
office made a grievous error by deducting the $49.70 from his
account inasmuch as Sykes does not know when more funds will be

Case 1:06-cv-00072-JJF Document 14 Filed O9/14/2006 Page 2 0f 2
available. He contends that the $49.50 was deducted in error and
that the deduction should have been for $II.92. Sykes provided
the court with his July 2006 monthly statement, but the deduction
he protests occurred on August I5, 2006.
Based upon the documentation provided, the Court is unable
to determine if the an incorrect amount was deducted from Sykes’
account. Moreover, the filing fee has not been paid in full, and
it is the policy of the Clerk’s Office that money is not refunded
unless there has been an overpayment of the filing fee. Here,
there has been no overpayment.
THEREFORE, at Wilmington this jQ3_ day of September, 2006,
IT IS ORDERED that the letter/motion to amend the authorization
for monies to be deducted from his prison trust account(D.I. I3)
is DENIED.
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umijman s AT. DISTRICT J D E
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