Free Motion to Compel - District Court of Delaware - Delaware

Case 1:04-cv-01385-GMS

Document 30

Filed 08/07/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Jack Wolf, Plaintiff, v. Thomas Carroll, DCC Medical Dept., C/O Pusey, C/O Carter, and Lt. Seacord, Defendants. ) ) ) ) ) ) ) ) ) )

C. A. No. 04-1385-GMS

MOTION TO COMPEL IMMEDIATE PAYMENT OF FULL FILING FEES AND FOR RELATED RELIEF Defendants move the Court, pursuant to 28 U.S.C. §1915(g), to vacate its November 22, 2004 Order granting the plaintiff leave to proceed in forma pauperis (D.I. 4) and to compel the plaintiff to immediately pay the full fees normally due upon commencing a case in this Court. Defendants submit that good cause exists for the relief requested as set forth in the accompanying memorandum. August 7, 2007 STATE OF DELAWARE DEPARTMENT OF JUSTICE __/s/ Ophelia M. Waters_________ Ophelia M. Waters, Bar I.D. No3879 Deputy Attorney General 820 North French Street, 6th Floor Wilmington, Delaware 19801 (302) 577-8400 Counsel for Defendants Pusey, Carter and Seacord

Case 1:04-cv-01385-GMS

Document 30

Filed 08/07/2006

Page 2 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE Jack Wolf, Plaintiff, v. Thomas Carroll, DCC Medical Dept., C/O Pusey, C/O Carter, and Lt. Seacord, Defendants. ) ) ) ) ) ) ) ) ) )

C. A. No. 04-1385-GMS

ORDER WHEREAS, Defendants Carter, Pusey and Seacord have filed an appropriate motion to vacate In Forma Pauperis Order and compel the immediate payment of filing fees pursuant to 28 U.S.C § 1915 (g), and have asserted that plaintiff does not meet the "imminent danger" exception as required; and,

WHEREAS, the Court has considered the foregoing motion to compel immediate payment of filing fees and any response thereto;

IT IS SO ORDERED this

day of

, 2006 that Defendants' Motion

to Compel Immediate Payment of Fees is hereby GRANTED as in forma pauperis is revoked, and the payment of all fees is a precondition to litigation.

________________________ United States District Judge

Case 1:04-cv-01385-GMS

Document 30

Filed 08/07/2006

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CERTIFICATE OF MAILING AND/OR DELIVERY The undersigned certifies that on August 7, 2006, she caused the attached Defendants' Motion to Compel Payment of Filing Fees/Vacate IFP Order and Memorandum in Support of the Motion to be delivered to the following person(s) in the form and manner indicated:

NAME AND ADDRESS OF RECIPIENT(S): Inmate Jack W. Wolf S.B.I. No. 00093532 Delaware Correctional Center 1181 Paddock Road Smyrna, Delaware 19977 MANNER OF DELIVERY: One true copy by facsimile transmission to each recipient X Two true copies by first class mail, postage prepaid, to each recipient. Two true copies by Federal Express Two true copies by hand delivery to each recipient.

/s/ Ophelia M. Waters______ Ophelia M. Waters, ID# 3879 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 (302) 577-8400 Attorney for Defendants Carte, Pusey and Seacord