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

Case 1:07-cv-00831-JJF Document 9 Filed 02/14/2008 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IVAN L. MENDEZ, )
Plaintiff, Q
v. 5 Civil Action No. 07-831-JJF
SUSSEX CORRECTIONAL g
INSTITUTION, )
Defendant. g
ORDER
1. The plaintiff Ivan L. Mendez, SBI #453351, a prg
se litigant who is presently incarcerated, filed this action
pursuant to 42 U.S.C. § 1983 and was granted leave to proceed in
fggma pauperis pursuant to 28 U.S.C. § 1915 on January 22, 2008.
On the same date, this Court 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 February 4, 2008.
2. 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.

Case 1:O7=cvt-00831-JJF Document 9 Filed O2/14/2008 Page 2 of 3
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 forward all payments required by 28
U.S.C. § l9l5(b)(2) to the Clerk of the Court. FAILURE OF THE
PLAINTIFF TO RETURN 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.
4. The plaintiff shall be required to make monthly
payments of 20 percent (20%) of the preceding month's income
credited to the plaintiff's 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 $l0.00 until the filing fee is
paid. NOTWITHSTANDING ANY PAYM NT 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 MDNETARY RELIEF AGAINST A
DEFENDANT WHO IS IM UNE FROM SUCH RELIEF.
DATED: @~/{4%* ‘ I
Un%ged St tes District Jf e
2

Case1:O7—cv-00831-JJF D0cument9 Filed O2/14/2008 Page30f3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ivmv L. Msmnsz, )
Plaintiff, {
v. g Civil Action No. 07—83I—JJF
SUSSEX CORRECTIONAL 5
INSTITUTION, )
Defendant. g
AUTHORIZATION
I, Ivan L. Mendez, SEI # 45335I, 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. § l9l5(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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