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

Case 1:08-cv—00004-G|\/IS Document 11 Filed 02/11/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
F OR THE DISTRICT OF DELAWARE
JAMES ARTHUR BIGGINS, )
Plaintiff, )
v. ) Civil Action No. 08-04-GMS
GOVERNOR RUTH ANN MINNER, j
et al., )
)
Defendants. )
FILING FEE ORDER
1. The plaintiff, James Arthur Biggins, SBI #319264, a pro se litigant who is presently
incarcerated, filed this action pursuant to 42 U.S.C. § 1983 without prepayment of the filing fee.
2. The Prison Litigation Reform Act (“PLRA") provides that a prisoner cannot bring a
new civil action or appeal a judgment in a civil action informa paaperis if he or she has three or
more times in the past, while incarcerated, brought a civil action or appeal in federal court that
was dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be
granted. 28 U.S.C. § l915(g). A case dismissed as frivolous prior to the enactment of the PLRA
(i.e., April 26, 1996) is counted when applying the "three strikes rule”. Keener v. Pennsylvania
Bd of Probation & Parole, 128 F.3d 143 (3d Cir. 1997). An exception is made to the "three
strikes rule" when the prisoner is in imminent danger of serious physical injury.
3. The plaintiff, while incarcerated, has filed at least three civil actions that were
dismissed as frivolous, malicious or for failure to state a claim upon which relief may be granted
as follows: Biggins v. Campbell, Civ. Action No. 99-872-GMS (D. Del. May 2, 2001); Biggins
v. Snyder, Civ. Action No. 01-095-GMS (D. Del. May 2, 2001), Biggins v. Snyder, Civ. Action

Case 1:08-cv—00004-G|\/IS Document 11 Filed 02/11/2008 Page 2 of 4
N0. 99-112-GMS (D. Del. Aug. 24, 2000); Biggins v. Maryland Dist. Court, Civ. Action No. 99-
476 (D. Del. Mar. 4, 1999); Biggins v. Withers, Civ. Action No. 98-438-LON (D. Del. Oct. 1,
1998). After reviewing the complaint the court determines that the plaintiff has adequately
alleged that at time of the filing of the complaint he was under imminent danger of serious
physical injury. See Williams v. Forte, No. 04-2071, 135 Fed. Appx. 520 (3d Cir. 2005); Abdul-
Akbar v. McKelvie, 239 F.3d 307, 311 (3d Cir. 2001).
4. 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 plaintiffs submissions, his request to
proceed informa pauperis is granted.
5. 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.
6. In evaluating the plaintiffs account information, the court has determined that he has
an average account balance of $6.81for the six months preceding the filing of the complaint. The
plaintiffs average monthly deposit is $30.66 for the six months preceding the filing of the
complaint. Accordingly, the plaintiff is required to pay an initial partial filing fee of$6. 13, this
amount being 20 percent (20%) of $30.66, 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
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Case 1:08-cv—00004-G|\/IS Document 11 Filed 02/11/2008 Page 3 of 4
and return the attached authorization form allowing the agency lhaving custody of him to
forward the $6.13 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 IIVIMUNE FROM SUCH
RELIEF.
7. Upon receipt of this order and the authorization form, the Warden or other appropriate
official at the Delaware Correctional Center, or at any prison at which the plaintiff is or may be
incarcerated, shall be required to deduct the $6.13 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 the Court, each time that the balance in plaintiff s trust
account exceeds $10.00, the Warden or other appropriate official at the 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
plaintiff s trust account and forward that am Cou
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Case 1:08-cv—00004-G|\/IS Document 11 Filed 02/11/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES ARTHUR BIGGINS, )
Plaintiff 3
v. g Civil Action No. 08-04-GMS
GOVERNOR RUTH ANN MINNER, g
et al., )
)
Defendants. )
AUTHORIZATION
I, James Arthur Biggins, SBI #319264, 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 if , 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.


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