Free Order (PLRA) Assessment Removed - District Court of Delaware - Delaware

Case 1:06-cv—O0O31-SLR Document 6 Filed O4/25/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GERJUAN S. MARTIN, )
Plaintiff, g
v, ) Civil No. 06-31-SLR
RALPH WILKINSON, et al., g
Defendants. g
ORDER
WHEREAS, plaintiff, Gerjuan S. Martin, filed his complaint _
under 42 U.S.C. § 1983, along with an application to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915, indicating that he
was a prisoner incarcerated at the Howard R. Young Correctional
Institutional Center, Wilmington, Delaware (D.I. 3);
WHEREAS, on February 2, 2006, the court entered an order
allowing plaintiff to proceed in forma pauperis and ordered him
to provide the court with a certified copy of his prison trust
account statement;
WHEREAS, the February 2, 2006, order was returned to the
court as undeliverable and the court was provided with
plaintiff’s change of address that indicated that he was no
longer incarcerated (D I. 4);
WHEREAS, on March 20, 2006, plaintiff advised the court by
telephone that he was not incarcerated, and that he was not
incarcerated on the date of the filing of his complaint;
WHEREAS, on March 20, 2006, the court ordered plaintiff to

Case 1:06-cv—00031-SLR Document 6 Filed 04/25/2006 Page 2 of 2
either pay the filing fee he owes ($250.00) or submit a new
standard form application to proceed without prepayment of fees
and affidavit within thirty days of the date of the order (D.I.
5}:
WHEREAS, the time has lapsed and plaintiff has not complied
with the court’s order of March 20, 2006;
THEREFORE, at Wilmington this EEE; day of April, 2006, IT IS
HEREBY ORDERED that the plaintiff’s complaint is DISMISSED
WITHOUT PREJUDICE. Plaintiff is not required to pay any
previously assessed fees or the $250.00 filing fee.