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

Case 1:06-cv-00007-JJF Document 5 Filed 01/19/2006 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DALLAS TINGLE, )
Plaintiff, g
v. g Civil Action No. 06-07-JJF
DR. ROBERTA BURNS, SUSAN g
SHAPELL, )
Defendants. g
ORDER
1. The plaintiff Dallas Tingle, SBI #215041, a prg ge
litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 and has requested leave to proceed
ig fgrmg pauperis pursuant to 28 U.S.C. § 1915. The plaintiff
filed his request to proceed in fgrmg pauperis without the
required certified copy of his prison trust fund account
statement pursuant to 28 U.S.C. § 1915(a)(2).
2. On January 17, 2006, this Court granted the
plaintiff leave to proceed in fgrma pauperis and ordered the
plaintiff to provide a certified copy of his prison trust fund
account statement for the six—month period immediately preceding
the filing of the above—referenced complaint. The plaintiff
submitted the required documents on January 17, 2006.
3. In evaluating the plaintiff’s account information
pursuant to 28 U.S.C. § 1915(b)(1), the Court has determined that

Case 1:06-cv-00007-JJF Document 5 Filed 01/19/2006 Page 2 of 3
the plaintiff has an average account balance of $17.90 for the
six months preceding the filing of the complaint. The
plaintiff’s average monthly deposit is $65.00 for the six months
preceding the filing of the complaint. Accordingly, the
plaintiff is required to pay an initial partial filing fee of
$13.00, this amount being 20 percent (20%) of $65.00, 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 to the
Clerk of Court, the attached authorization form allowing the
agency having custody of him to forward the $13.00 initial
partial filing fee and subsequent payments 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.
4. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at the Sussex
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Case 1:06-cv-OOOO7-JJF Document 5 Filed O1/19/2006 Page 3 of 3 ll
Correctional Institution, or at any prison at which the plaintiff
is or may be incarcerated, shall be required to deduct the $13.00
initial partial filing fee from the plaintiff's trust account,
when such funds become available, and forward that amount to the
Clerk of the Court. Thereafter, absent further order of the
Court, each time that the balance in plaintiff's trust account
exceeds $10.00, the Warden or other appropriate official at the
Sussex Correctional Institution, or at any prison at which the
plaintiff is or may be incarcerated, shall be required to make
monthly payments of 20 percent (20%) of the preceding month's
income credited to the plaintiff's trust account and forward that
amount to the Clerk of the Court.
5. Pursuant to 28 U.S.C. § 1915(9). 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 fgrma pauperis in all future suits
filed without prepayment of the filing fee, unless the Court
determines that the plaintiff is under imminent danger of serious
physical injury.
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