Free Order (PLRA) for Pay Authorization - District Court of Delaware - Delaware

Case 1:06-cv-00019-SLR Document 3 Filed O1/19/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOHN ROBERTSON, }
Plaintiff, ;
v. ) Civil Action No. 06-019-KAJ
CORRECTIONAL MEDICAL SYSTEM, l
PRISON COMMISSARY/SWANSON )
SERVICES, )
WARDEN RAFEAL WILLIAMS, )
Defendants. g U
ORDER
1. The plaintiff John Robertson, SBI #541362, a oro aa
litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 and has requested leave to proceed
fo forma pauperis pursuant to 28 U.S.C. § 1915.
2. Consistent with 28 U.S.C. § 1915(a)(1) and (2), the
plaintiff has submitted: (1) an affidavit stating that he has no
assets with which to prepay the filing fee; and (2) a certified
copy of his prison trust fund account statement for the six-month
period immediately preceding the filing of the above—referenced
complaint. Based on the plaintiff’s submissions, his request to
proceed fo forma oauoeris is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
1915(b)(1), the plaintiff shall be assessed the filing fee of
$250.00 and shall be required to pay an initial partial filing

Case 1:06-cv-00019-SLR Document 3 Filed 01/19/2006 Page 2 of 4
fee of 20 percent (20%) of the greater of his average monthly
deposit or average monthly balance in the trust fund account.
4. In evaluating the plaintiff’s account information,
the Court has determined that the plaintiff has an average
account balance of $31.38 for the six months preceding the filing
of the complaint. The plaintiff’s average monthly deposit is
$110.00 for the six months preceding the filing of the complaint.
Accordingly, the plaintiff is required to pay an initial partial
filing fee of $22.00, this amount being 20 percent (20%) of
$110.00, the greater of his average monthly deposit and average `
daily balance in the trust fund account for the six months
preceding the filing of the complaint. Therefore, the plaintiff
shall, within thirty days from the date this order is sent,
complete and return the attached authorization form to the Clerk
of Court, allowing the agency having custody of him to forward
the $250.00 filing fee to the Clerk of the Court. FAILURE OF THE
PLAINTIFF TO RETURN THE AUTHORIZATION FORM WITHIN 30 DAYS FROM
THE DATE THIS ORDER IS SENT SHALL RESULT IN DISMISSAL OF THIS
ACTION WITHOUT PREJUDICE. NOTWITHSTANDING ANY PAYMENT MADE OR
REQUIRED, 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.
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Case 1:06-cv-00019-SLR Document 3 Filed O1/19/2006 Page 3 of 4
5. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at the Howard R.
Young Correctional Institution, or at any prison at which the
plaintiff is or may be incarcerated, shall be required to deduct
the $250.00 filing fee from the plaintiff's trust account, when
such funds become available, and forward that amount to the Clerk
of the Court.
6. Pursuant to 28 U.S.C. § l9l5(g), if the plaintiff
has had three or more actions dismissed by the Court on the
grounds that they were frivolous, malicious, or failed to state a
claim upon which relief may be granted, the Court shall deny the
plaintiff leave to proceed in forma pauperis in all future suits
filed without prepayment of the filing fee, unless the Court
determines that the plaintiff is under imminent danger a serious
physical injury. /- t (///fiE '
DATED; (Q1; · -rl-A J ?.
Udi ed Stat~!’5istric Judge
f K
3

Case 1:06-cv-00019-SLR Document 3 Filed O1/19/2006 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOHN ROBERTSON, )
Plaintiff, i
v. i Civil Action No. 06—0l9—KAJ
CORRECTIONAL MEDICAL SYSTEM, i
PRISON COMMISSARY/SWANSON )
SERVICES, )
WARDEN RAFEAL WILLIAMS, )
Defendants. i
I AUTHORIZATION
I, John Robertson, SEI #541362, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of $22.00 and the subsequent
payments pursuant to 28 U.S.C. § l9lS(b) and required by the
Court's order dated , 2006.
This authorization is furnished to the Clerk of Court in
connection with the filing of a civil action, and I understand
that the filing fee for the complaint is $250.00. I also
understand that the entire filing fee may be deducted from my
trust account regardless of the outcome of my civil action. This
authorization shall apply to any other agency into whose custody
I may be transferred.
Date: , 2006.
Signature of Plaintiff