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


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Date: August 7, 2008
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State: Delaware
Category: District Court of Delaware
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Preview Order (PLRA) for Pay Authorization - District Court of Delaware
Case 1:08-cv-00466-SLR Document 4 Filed 08/07/2008 Paget of4
IN THE UNITED STATES DISTRICT COLIRT
FOR THE DISTRICT OF DELAWARE
JOHN A. KEPERLING, JR., )
Plaintiff, g
v. g Civ. No. 08-466-SLR
CORRECTIONAL MEDICAL SERVICES,))
and RONNIE MOORE, )
Defendant. g
O R D E R
1. The plaintiff, John A. Keperling, Jr., SBI #318356, a @g litigant who
is presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and has
requested leave to proceed Q gauperis 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 tiling
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 pIaintiff’s submissions, his request to proceed Q @n_a pauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. § 1915(b)(1), the
plaintiff shall be assessed the filing fee of $350.00 and shall be required to pay an initial
partial filing 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 pIaintiff’s account information, the Court has
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Case 1:08-cv-00466-SLR Document 4 Filed 08/07/2008 Page 2 of 4
determined that the plaintiff has an average account balance of $10.64 for the six
months preceding the filing ofthe complaint. The plaintiffs average monthly deposit is
$30.16 for the six months preceding the filing ofthe complaint. Accordingly, the plaintiff
is required to pay an initial partial tiling fee of $6.04, this amount being 20 percent
(20%) of $30.16, the greater of his average monthly deposit and average daily balance
in the trust fund account for the six months preceding the filing ofthe complaint.
Therefore, the plaintiff shall, within thirty days from the date this order is sent,
complete and return the attached authorization form allowing the agency having
custody of him to forward the $6.04 initial partial filing fee and subsequent
payments to the Clerk of the Court. FAILURE OF THE PLAIN'l'IFF TO RETURN
THE AUTHORlZA'l'lON 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 COLIRT 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 REI-IEF.
5. Upon receipt ofthis order and the authorization form, the Warden or
other appropriate official at James T. Vaughn Correctional Center, or at any prison at
which the plaintiff is or may be incarcerated, shall be required to deduct the $6.04 initial
partial filing fee from the plaintiffs trust account, when such funds become available,
and forward that amount to the Clerk of the Court. Thereafter, absent further order of
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Case 1:08-cv-00466-SLR Document 4 Filed 08/07/2008 Page 3 of 4
the Court, each time that the balance in plaintiffs trust account exceeds $10.00, the
Warden or other appropriate official at James T. Vaughn Correctional Center, 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
plaintiffs trust account and forward that amount to the Clerk of the Court.
6. Pursuant to 28 U.S.C. § 1915(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 Q fgrqg pauperis in all future suits tiled without prepayment of
the filing fee, unless the Court determines that the plaintiff is under imminent danger of
serious physical injury.
DATED: K]7 [tg >;{»4._gi1_&
nited States istrict Judge
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Case 1:08-cv-00466-SLR Document 4 Filed 08/07/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COLIRT
FOR THE DISTRICT OF DELAWARE
JOHN A. KEPERLING, JR., )
Plaintiff, ;
v. g Civ. No. 08-466-SLR
CORRECTIONAL MEDICAL SERVlCES,))
and RONNIE MOORE, )
Defendants. g
AUTHORIZATION
I, John A. Keperling, Jr., SBI #318356, request and authorize the agency holding
me in custody to disburse to the Clerk of the Court the initial partial filing fee of $6.04,
and the subsequent payments pursuant to 28 U.S.C. § 1915(b) and required by the
Court’s order dated , 2008.
This authorization is furnished to the Clerk of Court in connection with the tiling
of a civil action, and I understand that the filing fee for the complaint is $350.00. 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: , 2008.


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