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

Case 1:08-cv-00195-SLR Document 7 Filed 05/14/2008 Page1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DONALD JEROME THOMPSON, III., )
)
Plaintiff, )
)
v. ) Civ. No. 08-195-SLR
)
SCOTT KASPRENSKI, )
PHILLIP A. DUNNING, )
DONALD PIERCE, )
DAVID HOLMAN )
THOMAS CARROLL, )
DELAWARE CORRECTIONAL )
CENTER, and DELAWARE )
CORRECTIONAL CENTER )
INSURANCE PROVIDER, )
)
Defendants. )
O R D E R
1. The plaintiff Donald Jerome Thompson, III., SBI #326474, a @ g
Iitigant who is presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983
and has requested leave to proceed Q forma pauperis pursuant to 28 U.S.C. § 1915.
The plaintiff filed his request to proceed Q forma pauperis without the required certified
copy of his prison trust fund account statement pursuant to 28 U.S.C. § 1915(a)(2).
2. On April 18, 2008, this Court granted the plaintiff leave to proceed Q
forma pauperis 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 ori May 9,
2008.
3. In evaluating the plaintiffs account information pursuant to 28 U.S.C. §

Case 1:08-cv-00195-SLR Document 7 Filed 05/14/2008 Page 2 of 4
1915(b)( 1), the Court has determined that the plaintiff has an average account balance
of $1 14.50 for the six months preceding the filing of the complaint. The plaintiffs
average monthly deposit is $67.79 for the six months preceding the filing of the
complaint. Accordingly, the plaintiff is required to pay an initial partial filing fee of
$22.90, this amount being 20 percent (20%) of $1 14.50, 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 to the Clerk of Court, the
attached authorization form allowing the agency having custody of him to
forward the $22.90 initial partial filing fee and subsequent payments to the Clerk
of the Court. FAILURE OF THE PLAIN'I'IFF 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 LIPON WHICH RELIEF MAY BE GRANTED, OR SEEKS
MONETARY RELIEF AGAINST A DEFENDANT WHO IS IMMUNE FROM SUCH
REI.IEF.
4. Upon receipt ofthis order and the authorization form, the Warden or
other appropriate ofhcial at the Delaware Correctional Center, or at any prison at which
the plaintiff is or may be incarcerated, shall be required to deduct the $22.90 initial
partial filing fee from the plaintiffs trust account, when such funds become available,
2

Case 1:08-cv-00195-SLR Document 7 Filed 05/14/2008 Page 3 of 4
and forward that amount to the Clerk of the Court. Thereafter, absent further order of
the Court, each time that the balance in plaintiffs trust account exceeds $10.00, the
Warden or other appropriate official at Delaware 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.
5. Pursuant to 28 U.S.C. § 1915(g), ifthe 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 @1; 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; 5//+/08/
United St s District Judge
3

Case 1:08-cv-00195-SLR Document 7 Filed 05/14/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DONALD JEROME THOMPSON, III., )
)
Plaintiff, )
)
v. ) Civ. No. 08-195-SLR
)
SCOTT KASPRENSKI, )
PHILLIP A. DUNNING, )
DONALD PIERCE, )
DAVID HOLMAN )
THOMAS CARROLL, )
DELAWARE CORRECTIONAL )
CENTER, and DELAWARE )
CORRECTIONAL CENTER )
INSURANCE PROVIDER, )
)
Defendants. )
AUTHORIZATION
I, Donald Jerome Thompson, III., SBI #326474, request and authorize the agency
holding me in custody to disburse to the Clerk of the Court the initial partial tiling fee of
$22.90 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:
Signature of Plaintiff

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