Free Order - District Court of Delaware - Delaware

Case 1:07-cv-00245-SLR Document 10 Filed 11/13/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RUFUS D. ANDERSON, )
Plaintiff, g
v. g Civil Action No. 07-245-SLR
NURSE DIRECTOR GAIL ELLER, g
MEDICAL DIRECTOR JOHN RUNDLE, )
and BUREAU CHIEF PAUL HOWARD, )
Defendants. ;
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 May 16, 2007, this court entered an order granting leave to
proceed in forma pauperis, and requiring plaintiff to pay the $350.00 filing 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 filing 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); see ggg Drayer v. Attorney General, Nos. 03-2517, 03-2518, 81 Fed. Appx.

Case 1:07-cv-00245-SLR Document 10 Filed 11/13/2007 Page 2 of 2
429 (3d Cir. 2003).
THEREFORE, at Wilmington this Qih day of November, 2007, IT IS HEREBY
ORDERED that within thirty days from the date of this order, plaintiff shall either pay the
filing fee owed ($350.00) or submit a new standard form application to proceed without
prepayment of fees and affidavit so the court may determine whether he is still eligible
to proceed in forma pauperis.
NOTE: Failure to timely comply with this order shall result in dismissal of
this case without prejudice.
UNITED STATES%ISTRICT JUDGE
2