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

Case 1 :07-cv—00477-GIVIS Document 15 Filed 12/17/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PAUL J. SMITH, )
Plaintiff, )
v. ) Civ. Action No. 07-477-GMS
REGIONAL MEDICAL FIRST )
CORRECTIONAL, et. al., )
Defendants. )
ORDER
WHEREAS, Paul J. Smith ("Smith"), was a prisoner incarcerated at the Delaware
Correctional Center, Smyrna, Wilmington, Delaware, at the time he tiled this 42 U.S.C. § 1983
lawsuit, along with an application to proceed informa pauperis pursuant to 28 U.S.C. § 1915;
WHEREAS, on August 9, 2007, the court entered an order and granted Smith leave to
proceed informa pauperis, and assessed a tiling fee of $350, and an initial partial filing fee of
$.43 (D.I. 4);
WHEREAS, on November 13, 2007, Smith advised the court that he had been released
from prison;
WHEREAS, 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 (7th Cir. 1997); see also
Drayer v. Attorney General, Nos. 03-2517, 03-2518, 81 Fed. Appx. 429 (3d Cir. 2003).
THEREFORE, at Wilmington this _[il\day of December, 2007, IT IS HEREBY
ORDERED that within thirty days from the date of this order, Smith shall either pay the filing fee

Case 1:07-cv—00477-G|\/IS Document 15 Filed 12/17/2007 Page 2 of 2
owed ($3 50.00) or submit a new standard form application to proceed without prepayment of
fees and affidavit so that the court may determine whether he is still eligible to proceed informa
pauperis.
NOTE: Failure to timely comply with this order shall result in dismissal of this case
without prejudice.
s
CHIEF, UNITED STATES DIS CT UD
F I L E D
IQ? it I 7
us. msmlcr couar
____g|srr=ucT OF DELAWARE
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