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

Case 1:07-cv—00528-SLR Document 6 Filed 10/10/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOSEPH T. SMITH, )
Plaintiff, g
v. g Civ. N0. 07-528 SLR
LAWRENCE SULLIVAN, KESTER g
CROSSE, and RALPH WILKERSON, )
Defendants. g
0 R D E R
1. The plaintiff Joseph T. Smith, SBI #469798, a rg 3 litigant who is
presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and has
requested leave to proceed Q [ogg pauperis pursuant to 28 U.S.C. § 1915. The
plaintiff filed his request to proceed Q @m_a_ pauperis without the required certified copy
of his prison trust fund account statement pursuant to 28 U.S.C. § 1915(a)(2).
2. On September 14, 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
filing of the above-referenced complaint. The plaintiff submitted the required
documents on October 4, 2007.
3. ln evaluating the plaintiff’s account information pursuant to 28 U.S.C. §
1915(b)(1), the Court has determined that the plaintiff has an average account balance
of $34.05 for the six months preceding the filing of the complaint. The plaintiffs

Case 1:07-cv—00528-SLR Document 6 Filed 10/10/2007 Page 2 of 4
average monthly deposit is $110.18 forthe six months preceding the filing of the
complaint. Accordingly, the plaintiff is required to pay an initial partial filing fee of
$22.04, this amount being 20 percent (20%) of $1 10.18, the greater of his average
monthly deposit and average daily balance in the trust fund account for the six months
preceding the filing of the complaint. Therefore, the plaintiff shall, within thirty days
from the date this order is sent, complete and return to the Clerk of Court, tig
attached authorization form allowing the agency having custody of him to
forward the $22.04 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 REl-|EF 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 Howard R. Young Correctional Institution, or at any
prison at which the plaintiff is or may be incarcerated, shall be required to deduct the
$22.04 initial partial filing fee from the plaintiffs trust account, when such funds become
available, and fonzvard that amount to the Clerk of Court. Thereafter, absent further
order of the Court, each time that the balance in plaintiffs trust account exceeds
2

Case 1:07-cv—00528-SLR Document 6 Filed 10/10/2007 Page 3 of 4
$10.00, 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 be
required to make monthly payments of 20 percent (20%) of the preceding month's
income credited to the pIaintlff’s trust account and fon/vard that amount to the Clerk of
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 m @n_;a_ 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‘l |¤'l i—-·
United States istrict Judge
3

Case 1:07-cv—00528-SLR Document 6 Filed 10/10/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOSEPH T. SMITH, )
Plaintiff, g
v. g Civ. N0. 07-528 SLR
LAWRENCE SULLIVAN, KESTER g
CROSSE, and RALPH WILKERSON, )
Defendants. g
AUTHORIZATION
I, Joseph T. Smith, SBI #469798,request and authorize the agency holding me in
custody to disburse to the Clerk of the Court the initial partial filing fee of $22.04 and the
subsequent payments pursuant to 28 U.S.C. § 1915(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.


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