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

Case 1 :07-cv—00476-GIVIS Document 19 Filed 12/17/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PAUL J. SMITH, )
Plaintiff, l
v. ) Civ. Action No. 07-476-GMS
CARL C. DANBERG, et. al., )
Defendants. l
ORDER
WHEREAS., Paul J. Smith ("Smith"), was a prisoner incarcerated at the Delaware
Correctional Center, Smyrna, Wilmington, Delaware, at the time he filed 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 filing 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 (D.I. 16);
WHEREAS, under the Prison Litigation Reform Act, release does not eliminate the
obligation of payment of a tiling fee that could and should have been met from the trust account
while imprisomnent continued. Robbins v. Switzer, 104 F.3d 895, 899 (7‘h Cir. 1997); see also
Drayer v. Attorney General, Nos. 03-2517, 03-2518, 81 Fed. Appx. 429 (3d Cir. 2003).
THEREFORE, at Wilmington this ji day of December, 2007, IT IS HEREBY
ORDERED that within thirty days from the date of this order, Smith shall either pay the tiling fee
owed ($3 50.00) or submit a new standard form application to proceed without prepayment of

Case 1:07-cv—00476-Gl\/IS Document 19 Filed 12/17/2007 Page 2 of 2
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.
C , ITE STATES DIST CT JUD
F I L E D
DEC l 7 T
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