Free Order - District Court of Delaware - Delaware

Case 1 :06-cv-00061-GIVIS Document 7 Filed 05/16/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JEFFREY MICKENS, )
Plaintiff, )
v. ) Civ. N0. 06-61-GMS
LT. KENDALL HICKMAN, SGT. BARRY)
BILES, C/O GREG SMITH, C/O BILLY )
JACKSON, and C/O TEANNA BANKS, )
Defendants. )
ORDER
WHEREAS, Jeffrey Mickens ("Mickens"), was a prisoner incarcerated at the Delaware
Correctional Center ("DCC"), Smyrna, Delaware, at the time he filed this 42 U.S.C. § 1983
lawsuit, along with an application to proceed informa pauperis pursuant to 28 U.S.C. § 1915;
WHEREAS, on March 13, 2006, the court entered an order and granted Mickens leave to
proceed informa pauperis, assessing a filing fee of $250, requiring Mickens to pay an initial
partial filing fee of $9.48, and Mickens paid the initial filing fee on May 4, 2006 (DJ. 4);
WHEREAS, the court received correspondence from Mickens dated May 2, 2006, that
indicated he had been released from prison and that provided the court with his home address
upon release;
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 imprisomnent continued. Robbins v. Switzer, 104 F.3d 895, 899 (7"‘ Cir. 1997); see also
Drayer v. Attorney General, Nos. 03-2517, 03-2518, 81 Fed.Appx. 429 (3d. Cir. 2003).
THEREFORE, at Wilmington this _[_Q;_day of May, 2006, IT IS HEREBY ORDERED

Case 1:06-cv—00061-Gl\/IS Document 7 Filed 05/16/2006 Page 2 of 2
that within thirty days from the date of this order, Mickens shall either pay the balance of the
filing fee owed ($240.52) or submit a new standard form application to proceed without
prepayment of fees and affidavit so that the court may detennine whether he is still eligible to
proceed informa pczuperis.
NOTE: Failure to timely comply with this order shall result in dismissal of this case
without prejudice. Q
UNI ED STATES DISTRICT JUDGE
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