Free Order (PLRA) Missing Documents - District Court of Delaware - Delaware

`/ Case 1:07-cv-00757-SLR Document 3 Filed 12/06/2007 Page 1 of 2 i
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EZEADIGO ODUCHE, )
Plaintiff, g
v. g Civ. N0. 07-757-SLR
ANDREW J. VELLA, g q
STATE ATTORNEYS OFFICE, ) I
DOVER POLICE DEPARTMENT OF ) _
PUBLIC SAFETY and ) I
EDWARD FISHER, JR., )
Defendants. g `
I
onoan 2
1. The plaintiff Ezeadigo Oduche, SBI #107414, a gp gg litigant who is
presently incarcerated, has filed this action pursuant to 42 ,U.S.C. § 1983 without
prepayment of the filing fee or a request to proceed Q _@;_rE pauperis.
2. Pursuant to 28 U.S.C. § 1915(b), the plaintiff shall be assessed the
· filing fee of $350.00.
3. Pursuant to the requirements of 28 U.S.C. § 1915(a)(1) and (2),- and in
order to determine the schedule of payment of the filing fee, the plaintiff shall submit to
the Clerk of Court, a request to proceed L3 ggprg pauperis and a certified copy of his
prison trust fund account statement (memorandum or institutional equivalent, with
attachments) showing all deposits, expenditures and balances during the six—month
period immediately preceding the filing of the complaint, obtained from the appropriate

Case 1:07-cv-00757-SLR Document 3 Filed 12/06/2007 Page 2 of 2
official at each institution at which the plaintiff is confined. FAILURE OF THE
PLAINTIFF TO RETURN THE REQUESTED INI=0RIvIATION WITHIN 30 DAYS FROM E
THE DATE THIS ORDER IS SENT SHALL RESULT IN DISMISSAL OF THIS ACTION
WITHOUT PREJUDICE. _ 5
4. Unless the Court determines from the plaintiff’s financial information i
that he has no assets whatsoever, an initial partial filing fee of 20 percent (20%) of the
greater of the plaintiff’s average monthly deposit or average monthly balance in the trust i
fund account shall be required to paid before the court reviews the complaint.
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 C
MAY BE GRANTED, OR SEEKS MONETARY RELIEF AGAINST A DEFENDANT
A WHO IS IMMUNE FROM SUCH RELIEF.
5. 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, then the Court shall deny the
plaintiff leave to proceed m 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.
DATED: I·»=l¢· l¤'l
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Case 1:07-cv-00757-SLR

Document 3

Filed 12/06/2007

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Case 1:07-cv-00757-SLR

Document 3

Filed 12/06/2007

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