Free Order (PLRA) Reinstating Filing Fee - District Court of Delaware - Delaware

Case 1 :07-cv—00797-GIVIS Document 6 Filed 04/15/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
BRANDON GIPSON, )
Plaintiff, g
v. g Civ. Action No. 07-·797-GMS
RAPHAEL WILLIAMS and JILL 5
WATERS, )
Defendants. 3
ORDER
WHEREAS, Brandon Gipson ("Gipson"), was a prisoner incarcerated at the Howard R.
Young Correctional Institution, Wilmington, Delaware, at the time he filed this lawsuit pursuant
to 42 U.S.C. § 1983, along with an application to proceed in formapauperis pursuant to 28
U.S.C. § 1915;
WHEREAS, on December 20, 2007, the court entered an order and granted Gipson leave
to proceed informa pauperis, and assessed a filing fee of $350.00 (D.I. 4);
WHEREAS, on January 30, 2007, the court was advised that Gipson had been released
from prison;
WHEREAS, under the Prison Litigation Reform Act, release does not eliminate the
obligation of payment of a filing fee that could and should have been met from the trust account
while imprisomnent continued. Robbins v. Switzer, 104 F.3d 895, 899 (7* Cir. 1997); see also
Drayer v. Attorney General, Nos. 03-2517, 03-2518, 81 Fed. Appx. 429 (3d Cir. 2003).
THEREFORE, at Wilmington this _jQ_i©ay of Hg , 2008, IT IS
HEREBY ORDERED that within thirty days from the date of this order, Gipson shall either pay

Case 1:07-cv—OO797-G|\/IS Document 6 Filed O4/15/2008 Page 2 of 2
the filing fee owed ($350.00) or submit a new standard form application to proceed without
prepayment of fees and affidavit so that the court may determine whether he is still eligible to
proceed informa pauperis.
NOTE: Failure to timely comply with this order shall result in dismissal of this case
without prejudice.
6
CHIE UNI STA ES DI J GE
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U.S. D!5TFÂ¥lCT COURT
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Case 1:07-cv-00797-GMS

Document 6

Filed 04/15/2008

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Case 1:07-cv-00797-GMS

Document 6

Filed 04/15/2008

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