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

Case 1:07-cv—00756-SLR Document 8 Filed 12/20/2007 Page 1 of 4
IN THE LINITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOSEPH L. BOLDEN, )
Plaintiff, g
v. g Civ. N0. 07-756-SLR
KECIA WINCHESTER, g
TASC OFFICER HEATHER NLN, )
STATE OF DELAWARE, )
JANE DOE )
and JANE DOE, )
Defendants. g
O R D E R
1. The plaintiff plaintiff Joseph L. Bolden, SBI #245653, a rg sg Iitigant
who is presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and
has requested leave to proceed @@2; pauperis pursuant to 28 U.S.C. § 1915. The
plaintiff filed his request to proceed m pauperis without the required certified copy
of his prison trust fund account statement pursuant to 28 U.S.C. § 1915(a)(2).
2. On December 6, 2007, this Court granted the plaintiff leave to proceed
Q pauperis and ordered the plaintiff to provide a certified copy of his prison trust
fund account statement for the six—month period immediately preceding the tiling of the
above-referenced complaint. The plaintiff submitted the required documents on
December 17, 2007.
3. In evaluating the plaintiff’s account information pursuant to 28 U.S.C. §
191 5(b)(1), the Court has determined that the plaintiff has an average account balance
of $6.73 forthe six months preceding the tiling ofthe complaint. The plaintiff’s average

Case 1:07-cv—00756-SLR Document 8 Filed 12/20/2007 Page 2 of 4
monthly deposit is $15.00 for the six months preceding the filing of the complaint.
Accordingly, the plaintiff is required to pay an initial partial filing fee of $3.00, this
amount being 20 percent (20%) of $15.00, the greater of his average monthly deposit
and average daily balance in the trust fund account for the six months preceding the
filing ofthe complaint. Therefore, the plaintiffshall, 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 the
$3.00 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 IMMUNE FROM SUCH
RELIEF.
4. 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 $3.00 initial partial
filing fee from the plaintiffs trust account, when such funds become available, and
forward that amount to the Clerk ofthe Court. Thereafter, absent further order ofthe
Court, each time that the balance in plaintiffs trust account exceeds $10.00, the
2

Document 8 Filed 12/20/2007 Page 3 of 4
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.
5. Pursuant to 28 U.S.C. § 1915(g), ifthe 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 @1a 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; l¤L[0,-O {01
3

Case 1:07-cv—00756-SLR Document 8 Filed 12/20/2007 Page 4 of 4 n
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOSEPH L. BOLDEN, )
Plaintiff, g
v. 5 Civ. N0. 07-756-SLR
KECIA WINCHESTER, g
TASC OFFICER HEATHER NLN, )
STATE OF DELAWARE, )
JANE DOE )
and JANE DOE, )
Defendants. g
AUTHORIZATION
I, Joseph L. Bolden, SBI #245653, request and authorize the agency holding me
in custody to disburse to the Clerk of the Court the initial partial filing fee of $3.00 and
the subsequent payments pursuant to 28 U.S.C. § 1915(b) and required by the Court's
order dated Llgggggégi Q Q , 2007.
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: , 2007.


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