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

Case 1:07-cv-00749-JJF D0cument6 Filed 12/06/2007 Page1 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E. BLAKE, LAMAR JONES,:
ISAIAH SMILEY, TROY BLAKE, :
DARREN STAATS, DAVID LEAVITT, :
ROBERT BATTLE, PATRICK :
DEVONSHIRE, FREDERICK TRUITT, :
MANUAL VAZQUEZ, MICHAEL :
LAMBERT, DWAYNE BOARDLEY, :
EARNEST JONES, GREGORY :
HAWKES, DANIEL DAVIS, KEITH :
TAYLOR, KEITH LAWSON, DAMON :
JONES, DAVID L. JOHNSON, :
DARNELL FORD, and JOSEPH :
BOWMAN, SR., :
piaintiffs, Q
v. : Civil Acti0n N0. 07—749—JJP
J. MEARS, MICHAEL COSTELLO, :
WARDEN ROBERT GEORGE, SUSSEX :
COUNTY, OFFICER HILLS, and :
CORRECTIONAL MEDICAL SERVICE, :
Defendants. :
ORDER
l. Plaintiffs, pr0 sg litigants, all 0f wh0m are
incarcerated, have filed this acticn pursuant t0 42 U.S.C. §
l983.
2. Plaintiff Raym0nd E. Blake (“Blake”), SBI #377092, has
requested leave t0 pr0ceed in f0rma pauperis pursuant t0 28
U.8.C. § l9l5. (D.I. 1.) C0nsistent with 28 U.S.C. § l9l5(a)(l)
and (2), Blake has submitted: (l) an affidavit stating that he
has n0 assets with which t0 prepay the filing fee; and (2) a
certified c0py cf his priscn trust fund acc0unt statement fcr the

Case 1:07-cv-00749-JJF Document 6 Filed 12/06/2007 Page 2 of 4
six—month period immediately preceding the filing of the above-
referenced complaint. Based on Blake’s submissions, his request
to proceed fa forma oauperis is GRANTED.
3. The remaining Plaintiffs Lamar Jones, SBI #569021,
Isaiah Smiley, SBI #309273, Troy Blake, SBI #497031, Darren
Staats, SBI #467006, David Leavitt, SBI #588400, Robert Battle,
SBI #564941, Patrick Devonshire, SBI #488531, Frederick Truitt,
SBI #228532, Manual Vazquez, SBI #573109, Michael Lambert, SBI
#349010, Dwayne Boardley, SBI #484874, Earnest Jones, SBI
#529034, Gregory Hawkes, SBI #374876, Daniel Davis, SBI #255781,
Keith Taylor, SBI #582538, Keith Lawson, SBI #341937, Damon
Jones, SBI #494346, David L. Johnson, SBI #453894, Darnell Ford,
SBI #448224, and Joseph Bowman, Sr., SBI #264878 have filed this
action without prepayment of the filing fee or a request to
proceed fo forma pauperis.
4. Pursuant to 28 U.S.C. § 1915(b), Plaintiffs shall be
assessed the filing fee of $350.00. Plaintiffs are jointly and
severally liable for the $350.00 filing fee.
5. 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, each Plaintiff, with the exception of Gregory Hawkes,
shall submit to the Clerk of Court, a request to proceed fa forma
pauperis and a certified copy of his prison trust fund account
statement (memorandum or institutional equivalent, with
2

Case 1:07-cv-00749-JJF Document 6 Filed 12/06/2007 Page 3 of 4
attachments) showing all deposits, expenditures and balances
during the six—month period immediately preceding the filing of
the complaint, obtained from the appropriate official at each
institution at which each Plaintiff is confined. Gregory Hawkes
submitted a copy of his prison trust fund account statement with
docket item No. 1. FAILURE OF EACH PLAINTIFF TO RETURN THE
REQUESTED INFORMATION WITHIN 30 DAYS FROM THE DATE THIS ORDER IS
SENT SHALL RESULT IN HIS DISMISSAL FROM THIS ACTION WITHOUT
PREJUDICE.
6. Unless the Court determines from each Plaintiff’s
financial information 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 fund account shall be required to paid
before the Court reviews the Complaint. 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
MONETARY RELIEF AGAINST A DEFENDANT WHO IS IM UNE FROM SUCH
RELIEF.
7. Pursuant to 28 U.S.C. § l9l5(g), if any 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
3

Case 1:07-cv—00749-JJF Document 6 Filed 12/06/2007 Page 4 of 4
Plaintiff leave to proceed in forma pauperis in all future suits
filed without prepayment of the filing fee, unless the Court
determines that Plaintiff is under imminent danger of serious
physical injury.
L2 O : U P 4
DATED: y g U i ed ‘ta~és District Judge
4

Case 1:07-cv-00749-JJF

Document 6

Filed 12/06/2007

Page 1 of 4

Case 1:07-cv-00749-JJF

Document 6

Filed 12/06/2007

Page 2 of 4

Case 1:07-cv-00749-JJF

Document 6

Filed 12/06/2007

Page 3 of 4

Case 1:07-cv-00749-JJF

Document 6

Filed 12/06/2007

Page 4 of 4