Free Order (PLRA) No Funds - District Court of Delaware - Delaware

Case 1:08-cv-00083-SLR Document 4 Filed 02/25/2008 Paget of3
IN THE UNITED STATES DISTRICT COLIRT
FOR THE DISTRICT OF DELAWARE
DORIAN D. WAINER, )
Plaintiff, g
v. g Civ. No. 08-83-SLR
KATHY AMALFITANO and g
KENT COUNTY PUBLIC DEFENDER )
OFFICE, )
Defendants. S
ORDER
1. The plaintiff Dorian D. Wainer, SBI #474316, a rgse; Iitigant who is
presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and has
requested leave to proceed m ggng pauperis pursuant to 28 U.S.C. § 1915.
2. Based on the plaintiff’s submissions, his request to proceed Q
pauperis is granted. Pursuant to 28 U.S.C. § 1915(b), the plaintiff shall be assessed
the filing fee of $350.00. The Court has determined that the plaintiff has no assets
and no means to pay the initial partial filing fee, nevertheless, any money the
plaintiff later receives will be collected in the manner described below.
3. 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 fon/vard all payments required by 28 U.S.C. §
1915(b)(2) to the Clerk of the Court. FAILURE OF THE PLAINTIFF TO RE'I'URN THE
AUTHORIZATION FORM TO THE CLERK OF COURT WITHIN THIRTY DAYS FROM
THE DATE THIS ORDER IS SENT SHALL RESULT IN DISMISSAL OF THIS
ACTION.

Case 1:08-cv-00083-SLR Document 4 Filed 02/25/2008 Page 2 of 3
4. The plaintiff shall be required to make monthly payments of 20 percent
(20%) of the preceding month‘s income credited to the plaintiffs prison trust account
and absent further order of the Court, the Warden or other appropriate official at
Delaware Correctional Center, or at any prison at which the plaintiff is or may be
incarcerated, shall forward payments from his account to the Clerk of the Court each
time the amount in the account exceeds $10.00 until the filing fee is paid.
NOTWITHSTANDING ANY PAYMENT MADE OR REQLIIRED, THE COURT SHALL
DISMISS THE CASE IF THE COLIRT DETERMINES 'l'HAT 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.
5. Pursuant to 28 U.S.C. § “I915(g), if 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 plaintiff
leave to proceed Q @a pauperis all future suits filed without prepayment of the filing
fee, unless the Court determines that plaintiff is under imminent danger of serious
physical injury. I

DATED: ,4 IM l¤z'
2

Case 1:08-cv-00083-SLR Document 4 Filed 02/25/2008 Page 3 of 3
IN THE UNITED STATES DISTRICT COLIRT
FOR THE DISTRICT OF DELAWARE
DORIAN D. WAINER, )
Plaintiff, g
v. g Civ. No. 08-83-SLR
KATHY AMALFITANO and g
KENT COUNTY PUBLIC DEFENDER )
OFFICE, )
Defendants. g
AUTHORIZATION
I, Dorian D. Wainer, SBI #474318 request and authorize the agency holding me
in custody to disburse to the Clerk of the Court all 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.
Signature of Plaintiff

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