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

Case 1:07-cv—00528-SLR Document 4 Filed O9/14/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOSEPH T. SMITH, )
Plaintiff, g
v. g Civ. No. 07-528-SLR
LAWRENCE SULLIVAN, KESTER g
CROSSE, and RALPH WILKERSON, )
Defendants. g
FILING FEE ORDER
1. The plaintiff Joseph T. Smith, SBI #489798, a @ sg litigant who is
presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 without
prepayment of the filing fee.
2. Consistent with 28 U.S.C. § 1915(a)(1),the plaintiff submitted an
affidavit stating that he has no assets with which to prepay the filing fee. Based on the
plaintiffs affidavit, his request to proceed mgm'; pauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. § 1915(b)(1), the
plaintiff shall be assessed the filing fee of $350.00. In order to determine the schedule
of payment ofthe filing fee, the plaintiff shall submit to the Clerk of Court, a certified
copy of his trust fund account statement (memorandum or institutional equivalent, with
attachments) showing all deposits, expenditures and balances during the six—month
period, immediately preceding the filing ofthe complaint, obtained from the appropriate
official at the institution at which the plaintiff is confined. FAILURE OF THE PLAINTIFF
TO RETURN THE REQUESTED INFORMATION WITHIN 30 DAYS FROM THE DATE
THIS ORDER IS SENT SHALL RESULT IN DISMISSAL OF THIS ACTION WITHOUT

Case 1:07-cv—O0528-SLR Document 4 Filed O9/14/2007 Page 2 of 2
PREJUDICE.
4. Unless the Court determines from the plaintiffs financial information
that he has no assets whatsoever, an initial partial filing fee of 20 percent (20%) of the
greater of the plaintiffs average monthly deposit or average monthly balance in the trust
fund account shall be required to be paid before the court reviews the complaint.
NOTWI'I'HSTANDING ANY PAYMENT MADE, 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. § ‘l9‘l5(g), if the 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 the
plaintiff leave to proceed Q gauperis 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.
DATEDZ e/ur/01
United Stat District Judge
2

Case 1:07-cv-00528-SLR

Document 4

Filed 09/14/2007

Page 1 of 2

Case 1:07-cv-00528-SLR

Document 4

Filed 09/14/2007

Page 2 of 2