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

Case 1:08-cv-00264-JJF Document 7 Filed 06/24/2008 Page1 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EDWARD A. CANNON, JR., )
Plaintiff, i
v. i Civil Action No. 08-264-JJF
PRECHELLE S. AMES, g
CIVIGENICS PROGRAM, )
Defendants. g
ORDER
1. The plaintiff Edward A. Cannon, Jr., SBI #351969, a
oro so litigant who is presently incarcerated, has filed this
action pursuant to 42 U.S.C. § 1983 and has requested leave to
proceed ro rormo oauoeris pursuant to 28 U.S.C. § 1915. The
plaintiff filed his request to proceed ro rorma pauoeris without
the required certified copy of his prison trust fund account
statement pursuant to 28 U.S.C. § 1915(a)(2).
2. On May 16, 2008, this Court granted the plaintiff
leave to proceed io rorma pauoeris 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 June 20, 2008.
3. In evaluating the plaintiff’s account information

Case 1:08-cv-00264-JJF Document 7 Filed 06/24/2008 Page 2 of 4
pursuant to 28 U.S.C. § 1915(b)(1), the Court has determined that
the plaintiff has an average account balance of $3.96 for the
four months of incarceration preceding the filing of the
complaint. The plaintiff’s average monthly deposit is $19.02 for
the four months of incarceration preceding the filing of the
complaint. Accordingly, the plaintiff is required to pay an
initial partial filing fee of $3.80, this amount being 20 percent
(20%) of $19.02, the greater of his average monthly deposit and
average daily balance in the trust fund account for the four
months of incarceration 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 $3.80 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
2

Case 1:08-cv-00264-JJF Document 7 Filed 06/24/2008 Page 3 of 4
form, 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 deduct the $3.80
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
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(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 in fggma 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.
DATED: @4/***""’9`\{( ZOO? %
Un' d S ate District ge
3

Case 1:08-cv-00264-JJF Document 7 Filed 06/24/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EDWARD A. CANNON, JR., )
Plaintiff, ;
v. g Civil Action No. 08-264-JJF
PRECHELLE S. AMES, g
CIVIGENICS PROGRAM, )
Defendants. ;
AUTHORIZATION
I, Edward A. Cannon, Jr., SBI #351969, request and authorize
the agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of $3.80 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 filing 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.


Case 1:08-cv-00264-JJF

Document 7

Filed 06/24/2008

Page 1 of 4

Case 1:08-cv-00264-JJF

Document 7

Filed 06/24/2008

Page 2 of 4

Case 1:08-cv-00264-JJF

Document 7

Filed 06/24/2008

Page 3 of 4

Case 1:08-cv-00264-JJF

Document 7

Filed 06/24/2008

Page 4 of 4