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

Case 1:07-cv-00656-JJF D0cument4 Filed 11/O2/2007 Page1 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AUGUSTUS H. EVANS, JR., )
Plaintiff, g
v. g Civil Action No. 07-656-JJF
CINDY WRIGHT, ;
DCC RECORDS REBECCA MCBRIDE, )
THOMAS ZANDA, )
EVELYN STEVENSON, )
LT. MICHAEL CASTELLO, )
MIKE RECORDS, )
SONYA LEWIS, )
Defendants. ;
ORDER
1. The plaintiff Augustus H. Evans, Jr., SBI #191247,
a prg se litigant who is presently incarcerated, has filed this
action pursuant to 42 U.S.C. § 1983 and has requested leave to
proceed in fgrma pauperis pursuant to 28 U.S.C. § 1915.
2. Based on the plaintiff's submissions, his request
to proceed in fgrma pauperis is granted. Pursuant to 28 U.S.C. §
1915(b), the plaintiff shall be assessed the filing fee of
$350.00. The Court has determined that the plaintiff has no
assets and no means to pay the initial partial filing fee,
nevertheless, any money the plaintiff later receives will be
collected in the manner described below.
3. The plaintiff shall, within thirty days from the
date this order is sent, complete and return to the Clerk of

Case 1:07-cv-00656-JJF Document 4 Filed 11/O2/2007 Page 2 of 4
Court, the attached authorization form allowing the agency having
custody of him to forward all payments required by 28 U.S.C. §
l9l5(b)(2) to the Clerk of the Court. FAILURE OF THE PLAINTIFF
TO RETURN THE AUTHORIZATION FORM TO THE CLERK OF COURT WITHIN
THIRTY DAYS FROM THE DATE THIS ORDER IS SENT SHALL RESULT IN
DISMISSAL OF THIS ACTION.
4. The plaintiff shall be required to make monthly
payments of 20 percent (20%) of the preceding month's income
credited to the plaintiff’s prison trust account and absent
further order of the Court, the Warden or other appropriate
official at Howard R. Young Correctional Institution, or at any
prison at which the plaintiff is or may be incarcerated, shall
forward payments from his account to the Clerk of the Court each
time the amount in the account exceeds $10.00 until the filing
fee is paid. 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.
5. Pursuant to 28 U.S.C. § l9l5(g), if 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 plaintiff
leave to proceed in forma pauperis all future suits filed without
2

Case1:O7-cv—OO656-JJF D0cument4 Fi|ed11/O2/2007 Page30f4
prepayment cf the filing fee, unless the Ceurt determines that
plaintiff is under imminent danger cf serieus physical injury.
I n ' xp { " S
DATED: U’ ic OY li {/~W~#r».
Uni ed S ate District J ge
3

Case 1:07-cv-00656-JJF Document 4 Filed 11/O2/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AUGUSTUS H. EVANS, JR., )
Plaintiff, g
v. g Civil Action No. 07-656-JJF
CINDY WRIGHT, i
DCC RECORDS REBECCA MCBRIDE, )
THOMAS ZANDA, )
EVELYN STEVENSON, )
LT. MICHAEL CASTELLO, )
MIKE RECORDS, )
soNYA Lswis, >
Defendants. i
AUTHORIZATION
I, Augustus H. Evans, Jr., SBI #l9l247 request and authorize
the agency holding me in custody to disburse to the Clerk of the
Court all payments pursuant to 28 U.S.C. § l9l5(b) and required
by the Court's order dated , 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.
Signature of Plaintiff

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