Free USCA Order - District Court of Delaware - Delaware

Case 1:04-cv-00958-KAJ Document 9 Filed 03/O4/2005 Page 1 of 1
FPS-203 March 3, 2005
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
No. 04-4778
Rodriguez v. First Correctional Medical
(D. Del. No. 04-cv-958)
To: Clerk
1) Motion for Leave to Proceed m Forma Pauperis
The foregoing Motion to proceed in forma pauperis is granted. Appellant is a
prisoner seeking to proceed in forma pauperis on appeal and is, therefore, required to
pay the full $255.00 in docketing and filing fees in installments regardless of the
outcome of the appeal. Appellant has completed and filed the required authorization
form permitting the appropriate prison officials to assess, collect and fonivard to the
District Court the filing and docketing fees for this appeal pursuant to 28 U.S.C. §§
1915(b)(1) and (2). The Court hereby directs the warden, or his or her designee, to
assess an initial tiling fee of 20% of the greater of (a) the average monthly deposits to
the prisoner’s account; or (b) the average monthly balance in the prisoner's account for _
the six month period immediately preceding the filing of the notice of appeal. The
warden, or his or her designee, shall calculate, collect, and forward the initial payment A
assessed in this order to the United States District Court for the District of Delaware. In 2
each succeeding month when the amount in the prisoner`s account exceeds $10.00, ,
the warden, or his or her designee, shall fonivard payments to the United States District
Court for the District of Delaware equaling 20% of the preceding month’s income
credited to the prisoner's account until the fees are paid. Each payment shall reference
the appellate docket number for this appeal.
This appeal will be submitted to a panel of the Court for determination as to
whether the Court has jurisdiction to hear the appeal and for a determination under 28
U.S.C. § 1915(e)(2), if necessary. The Court also will consider any other appropriate
action, such as summary affirmance of the order of the District Court. S; Rule 27.4,
Third Circuit Local Appellate Rules.
A Ima Copy: For HTG Court,
'° "‘·' Clerk
Clerk
Dated: March 3, 2005
SLC/cc: Mr. Pedro A. Rodriguez, #SBl 245216