Free Order - District Court of Delaware - Delaware

Case 1:06-cv—O0O31-SLR Document 5 Filed O3/20/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GERJUAN S. MARTIN, )
Plaintiff, g
v. g Civil No. 06-31-SLR
RALPH WILKINSON, et al., §
Defendants. 5
ORDER
WHEREAS, plaintiff, Gerjuan S. Martin, was a prisoner
incarcerated at the Howard R. Young Correctional Institutional
Center, Wilmington, Delaware at the time he 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;
WHEREAS, on February 2, 2006, this court entered an order
granting leave to proceed in forma pauperis, and requiring
plaintiff to submit a copy of his prison trust fund account
statement (D.I. 3);
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 is no longer
incarcerated (D.I. 4);
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

Case 1:06-cv—O0O31-SLR Document 5 Filed O3/20/2006 Page 2 of 2
imprisonment continued. Robbins v. Switzer, 104 F.3d 895, 899
(7“ Cir. 1997); see alsg Drayer v. Attorney General, Nos. 03-
2517, 03-2518, Bl Fed.Appx. 429 (3d. Cir. 2003).
THEREFORE, at Wilmington this _l]jL day of March, 2006, IT
IS HEREBY ORDERED that within thirty days from the date of this
order, plaintiff shall either pay the filing fee ($250) or submit
a new standard form application to proceed without prepayment of
fees and affidavit so the court may determine whether he is still
eligible to proceed in forma pauperis.
NOTE: Failure to timely comply with this order shall result
in dismissal of this case without prejudice.

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