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

Case 1:08-cv-00048-SLR Document 4 Filed 01/31/2008 Page1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CLARENCE U. JAMISON, )
Plaintiff, g
v. g Civ. No. 08-48-SLR
HON. JUDGE WILLIAM C. g
CARPENTER, JR and STATE OF )
DELAWARE, )
Defendants. g
O R D E R
1. The plaintiff Clarence U. Jamison, SBI #487106, a gm E litigant who is
presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and has
requested leave to proceed in gg 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 filing
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 plaintiff‘s submissions, his request to proceed Q gga 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

Case 1:08-cv-00048-SLR Document 4 Filed 01/31/2008 Page 2 of 4
determined that the plaintiff has an average account balance of $1 1 .38 for the six
months preceding the filing of the complaint. The plaintiff’s average monthly deposit is
$21.37 for the six months preceding the filing of the complaint. Accordingly, the plaintiff
is required to pay an initial partial filing fee of $4.28, this amount being 20 percent (20%)
of $21.37, the greater of his average monthly deposit and average daily balance in the
trust fund account for the six months preceding the filing of the 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 $4.28 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 PREJLIDICE. NOTWITHSTANDING ANY
PAYMENT MADE OR REQUIRED, 'I'HE 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.
5. Upon receipt of this order and the authorization form, 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 deduct the $4.28 initial partial
filing fee from the plaintiff’s trust account, when such funds become available, and
forward that amount to the Clerk ofthe Court. Thereafter, absent further order ofthe
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Case 1:08-cv-00048-SLR Document 4 Filed 01/31/2008 Page 3 of 4
Court, each time that the balance in pIaintiff’s 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.
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 forma 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.
United States gistrict Judge
DATED: i/at [JK
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Case 1:08-cv-00048-SLR Document 4 Filed 01/31/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CLARENCE U. JAMISON, )
Plaintiff, g
v. g Civ. No. 08-48-SLR
HON. JUDGE WILLIAM C. ;
CARPENTER, JR and STATE OF )
DELAWARE, )
Defendants. g
AU'I'HORlZATION
I, Clarence U. Jamison, SBI #487106, request and authorize the agency holding
me in custody to disburse to the Clerk ofthe Court the initial partial filing fee of $4.28
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
ofthe 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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