Free Order Dismissing Case - District Court of Delaware - Delaware

H Case 1:07-cv—002A5-SLR Document 12 Filed 01/08/2008 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RUFUS D. ANDERSON, ) 1
Plaintiff, 1
v. 1 Civil Action No. 07-245-SLR
NURSE DIRECTOR GAIL ELLER, 1
IVIEDICAL DIRECTOR JOHN RUNDLE, )
and BUREAU CHIEF PAUL HOWARD, )
Defendants. 1
ORDER
WHEREAS, plaintiff, Rufus D. Anderson, was a prisoner incarcerated at the
Delaware Correctional Center at the time he filed his complaint under 42 U.S.C. § 1983,
along with an application to proceed without prepayment of fees pursuant to 28 U.S.C.
§ 1915;
WHEREAS, on Nlay 18, 2007, this court entered an order granting leave to
proceed in forma pauperis, and requiring plaintiff to pay the $350.00 tiling fee as
determined by statute;
WHEREAS-, on July 31, 2007, the court was notified that plaintiff is no longer
incarcerated;
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 imprisonment continued. Robbins v. Switzer, 104 F.3d 895, 899 (7***
Cir. 1997); gag Drayer v. Attorney General, Nos. 03-2517, 03-2518, 81 Fed. Appx.

Case 1:07-cv—00245-SLR Document 12 Filed 01/08/2008 Page 2 of 2
429 (3d Cir. 2003).
WHEREAS, on November 13, 2007, the court ordered plaintiff to either pay the
filing fee he owes ($350.00) or submit a new standard form application to proceed
without prepayment of fees and affidavit within thirty days of the date of the order (D.I.
10);
WHEREAS, the time has lapsed and plaintiff has not complied with the courI's
order of November 13,· 2007;
THEREFORE, at Wilmington this 3*- day of January, 2008, IT IS HEREBY
ORDERED that the plaintiffs complaint is DISIVIISSED WITHOUT PREJUDICE.
UNlT%D STATE}; DISTRICT JUDGE
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