Free Order (PLRA) Assessment Removed - District Court of Delaware - Delaware


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Date: May 31, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1:04-cv—00922-SLR Document 27 Filed 05/31/2006 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LAWRENCE R. COLLINGWOOD, JR., )
Plaintiff, i
v. g Civ. No. 04-922-SLR
STAN TAYLOR et al., g
Defendants. g
O R D E R
At Wilmington this bp"' day of May, 2006, having considered
plaintiff's request to cease payment of his filing fee (D.I. 23,
24, 25):
IT IS ORDERED that said request is granted and plaintiff is
not required to pay the filing fee balance of $86.76.
IT IS FURTHER ORDERED that plaintiff is prohibited from
reopening this action for the reasons that follow:
1. On August 4, 2004, plaintiff filed this civil rights
action pursuant to 42 U.S.C. § 1983 without prepayment of the
filing fee. (D.I. 2) He was granted in forma pauperis, assessed
a $150 filing fee and ordered to submit a payment authorization
form. (D.I. 7} On November 2, 2004, the court dismissed without
prejudice plaintiff’s complaint because he failed to complete and
return the payment authorization form. (D.I. 7, 8)
2. On December 9, 2004, plaintiff’s request for
reconsideration was granted, his case was reopened and a filing

Case 1:04-cv—00922-SLR Document 27 Filed 05/31/2006 Page 2 of 2
fee assessment of $150 was entered. (D.I. 10) Plaintiff was
directed to return the payment authorization and admonished that
failure to do so would result in dismissal of this action,
without prejudice. Because plaintiff did not submit the
authorization form, his complaint was dismissed on February 22,
2005. (D.1. 12)
3. On August 15, 2005, the court granted plaintiff's
request to reopen his case and ordered him to submit his payment
authorization form. On August 30, 2005, plaintiff submitted his
authorization form. (D.I. 15, 16) Service of the complaint was
ordered on November 18, 2005. (D.I. 18)
4. On April 24, 2006, plaintiff wrote the court requesting
that his case be closed and that no additional filing assessments
be made. (D.I. 23) Accordingly, the case was closed for a third
time on May 15, 2006.
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