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

Case 1:07-cv—00349-SLR Document 4 Filed 06/15/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EUGENE R. COX, )
Plaintiff, g
v. g Civ. No. 07-349-SLR
DELAWARE STATE POLICE, S
CPL. WILLIAM D. CRO`|`l`Y #119, and )
LESLIE A. GROW, )
Defendants. {
O R D E R
1. The plaintiff Eugene R. Cox, SBI #241114, a pgg Iitigant who is
presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and has
requested leave to proceed Q @3a pauperis pursuant to 28 U.S.C. § 1915.
2. Consistent with 28 U.S.C. § 1915(a)(1) and (2), the plaintiff has
submitted: (1) an affidavit stating that he has no assets with which to prepay the Hling
fee; and (2) a certified copy of his prison trust fund account statement for the six-month
period immediately preceding the filing of the above-referenced complaint. Based on
the plaintiffs submissions, his request to proceed in f_c@ 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 and shall be required to pay an initial
partial filing fee of 20 percent (20%) of the greater of his average monthly deposit or
average monthly balance in the trust fund account.
4. In evaluating the plaintiffs account information, the Court has

Case 1:07-cv—00349-SLR Document 4 Filed 06/15/2007 Page 2 of 4
determined that the plaintiff has an average account balance of $22.16 for the period
commencing at incarceration on 1/12/2007, through 4/30/2007. The plaintiffs average
monthly deposit is $56.25 for the same period oftime preceding the tiling ofthe
complaint. Accordingly, the plaintiff is required to pay an initial partial filing fee of
$11.25, this amount being 20 percent (20%) of $56.25, the greater of his average
monthly deposit and average daily balance in the trust fund account forthe same period
preceding the tiling ofthe complaint. Therefore, the plaintiff shall, within thirty days
from the date this order is sent, complete and return the attached authorization
form allowing the agency having custody of him to forward the $11.25 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 RELIEF MAY BE GRANTED, OR SEEKS
MONETARY RELIEF AGAINST A DEFENDANT WHO IS IMMUNE FROM SUCH
RELIEF.
5. Upon receipt of this order and the authorization form, the Warden or
other appropriate official at Sussex Correctional Institution, or at any prison at which the
plaintiff is or may be incarcerated, shall be required to deduct the $11.25 initial partial
filing fee from the plaintiffs trust account, when such funds become available, and
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Case 1:07-cv—00349-SLR Document 4 Filed 06/15/2007 Page 3 of 4
forward that amount to the Clerk ofthe Court. Thereafter, absent further order ofthe
Court, each time that the balance in plaintiffs trust account exceeds $10.00, the
Warden or other appropriate official at Sussex 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
plaintiffs trust account and fonrvard that amount to the Clerk of the Court.
6. Pursuant to 28 U.S.C. § 1915(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, the Court shall deny the
plaintiff leave to proceed m gm; 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; ep/ré for jg, & %‘_1&&£2
United States istrict Judge
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Case 1:07-cv—00349-SLR Document 4 Filed 06/15/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
EUGENE R. COX, )
Plaintiff, ;
v. g Civ. N0. 07-349-SLR
DELAWARE STATE POLICE, g
CPL. WILLIAM D. CRO`I`l'Y #119, and )
LESLIE A. GROW, )
Defendants. g
AUTHORIZATION
I, Eugene R. Cox, SBI #241114, request and authorize the agency holding me in
custody to disburse to the Clerk of the Court the initial partial tiling fee of $1 1 .25 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
ofthe outcome of my civil action. This authorization shall apply to any other agency
into whose custody I may be transferred.
Date: , 2007.