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

Case 1:06-cv—00368-SLR Document 4 Filed 06/13/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WONNELL RINGGOLD, )
Plaintiff, g
v. g Civ. No. 06-368 SLR
CORRECTIONAL OFFICER LAMBY, 3
Defendant. g
FILING FEE ORDER
l. The plaintiff Wonnell Ringgold, SBI #382856, a prg
se litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 without prepayment of the filing
fee.
2. Consistent with 28 U.S.C. § l9l5(a)(l), the
plaintiff has submitted an unsigned affidavit stating that he has
no assets with which to prepay the filing fee. Based on the
plaintiff’s affidavit, his request to proceed in fgrma pauperis
is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
l9l5(b)(l), the plaintiff shall be assessed the filing fee of
$350.00. In order to determine the schedule of payment of the
filing fee, the plaintiff shall submit to the Clerk of Court, a
certified copy of his trust fund account statement (memorandum or
institutional equivalent, with attachments) showing all deposits,
eggendituras and balances during the six—month period immediately

Case 1:06-cv—00368-SLR Document 4 Filed 06/13/2006 Page 2 of 3
preceding the filing of the complaint, obtained from the
appropriate official at the institution at which the plaintiff is
confined. Additionally, plaintiff shall submit a signed copy of
the Application to Proceed Without Prepayment of Fees and
Affidavit stating that he has no assets with which to prepay the
filing fee. FAILURE OF THE PLAINTIFF TO RETURN THE REQUESTED
INFORMATION WITHIN 30 DAYS FROM THE DATE THIS ORDER IS SENT SHALL
RESULT IN DISMISSAL OF THIS ACTION WITHOUT PREJUDICE.
4. Unless the Court determines from the plaintiff's
financial information that he has no assets whatsoever, an
initial partial filing fee of 20 percent (20%) of the greater of
the plaintiff's average monthly deposit or average monthly
balance in the trust fund account shall be required to be paid
before the court reviews the complaint. NOTWITHSTANDING ANY
PAYMENT MADE, 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 MDNETARY
RELIEF AGAINST A DEFENDANT WHO IS IMMUNE FROM SUCH RELIEF.
5. Pursuant to 28 U.S.C. § l9l5(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, then the Court shall deny
the plaintiff leave to proceed in fgrma pauperis in all future
suits filed without prepayment of the filing fee, unless the
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Case 1:06-cv-00368-SLR Document 4 Filed 06/13/2006 Page 3 of 3
Court determines that the plaintiff is under imminent danger of
serious physical injury.
DATED: cfm/on
United Sta es District Judge
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