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

Case 1:07-cv-00749-JJF Document 56 Filed 07/O1/2008 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E. BLAKE, DARREN :
STAATS, ANTHONY GARNETT, :
FRANCIS EMORY, EDWIN BANKS, :
and MARCUS BARNHILL, :
Plaintiffs, :
v. : Civil Action No. 07-749-JJF
J. MEARS, MICHAEL COSTELLO, :
WARDEN ROBERT GEORGE, SUSSEX :
COUNTY, OFFICER HILLS, :
CORRECTIONAL MEDICAL SERVICE, :
RICHARD NORWOOD, GEORGETOWN, :
DELAWARE, NURSE SHARON :
MACEROY, JONES, HANNA, :
c/o ADAMS, CALVERT, CARL C. :
DANBERG, DR. DURST, and KIDD, :
Defendants. :
ORDER
NOW THEREFORE, IT IS HEREBY ORDERED that:
Plaintiffs, are pro se litigants, all of whom were
incarcerated at the time they filed this action pursuant to 42
U.S.C. § l983 on November 20, l997. (D.I. 2.) Since the filing
of the original Complaint, several Amended Complaints have been
filed adding new Plaintiffs and new Defendants. (D.I. 7, 9, l0,
l8, 23, 24.) All Plaintiffs are jointly and severally liable for
the $350.00 filing fee.
Plaintiff Edwin Banks, was recently released from prison and
submitted a request to proceed in forma pauperis pursuant to the
Court’s April 29, 2008 Order. (D.l. 47.) His request to proceed

Case1:O7-cv—OO749-JJF Document 56 Filed 07/O1/2008 Page20f2
an forma oauoeris is GRANTED. (D.1. 48.)
On June 16, 2008, the Court was notified that Darren Staats
is no longer incarcerated (D.1. 53). On May 28, 2008, an Order
sent to Raymond E. Blake in a separate case, Civ. Action No. 07-
230-JJF (D.I. 29), was returned indicating that Blake had been
released and is no longer incarcerated. 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 imprisonment continued. Robbins v.
Switzer, 104 F.3d 895, 899 (7m Cir. 1997); ooo alao Drayer v.
Attorney General, Nos. 03-2517, 03-2518, 81 Fed. Appx. 429 (3d
Cir. 2003).
Within THIRTY DAYS from the date of this Order, Plaintiffs
Raymond E. Blake and Darren Staats, shall either pay the filing
fee owed or shall submit a new standard form applications to
proceed without prepayment of fees and affidavit so the Court may
determine whether they are still eligible to proceed ao fooma
oauoeris.
NOTE: The failure of Raymond Blake and/or Darren Staats to
timely comply with this Order shall result in dismissal of their
respective claims without prejudice.
DATED: July 1, 2008 UN Z §lATES%5lSTRICT JUDO . °
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