Free Order on Motion to Appoint Counsel - District Court of Delaware - Delaware

Case 1:04-cv—01358-SLR Document 31 Filed 05/11/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COLIRT
FOR THE DISTRICT OF DELAWARE
JONATHAN MILTON MONK, )
Plaintiff, g
v. g Civil Action No. 04-1358-SLR
WARDEN RAFAEL WILLIAMS and g
PAM MINOR, )
Defendants. g
ORDER
WHEREAS, plaintiff, Jonathan Milton Monk, was a prisoner incarcerated within
the Delaware Department of Correction at the time he filed his complaint under 42
U.S.C. § 1983, along with an application to proceed in forma pauperis pursuant to 28
U.S.C. § 1915;
WHEREAS, on October 26, 2004, this court entered an order granting leave to
proceed in forma pauperis, requiring plaintiff to pay the $150.00 filing fee as determined
by statute, and requiring plaintiff to pay an initial partial filing fee of $7.20 (D.I. 4, 6);
WHEREAS, on February 15, 2007, the court received plaintiffs change of
address indicating that he is no longer incarcerated;
WHEREAS, on April 19, 2007, the court entered an orderfor plaintiff to either
pay the balance of the filing fee owed ($113.95) 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;
WHEREAS, on May 1, 2007, plaintiff submitted a letter with exhibit indicating

Case 1:04-cv—01358-SLR Document 31 Filed 05/11/2007 Page 2 of 2
that he is unable to pay the filing fee owed and requesting appointment of counsel (D.l.
30);
THEREFORE, at Wilmington this & day of May, 2007, IT IS HEREBY
ORDERED that:
1. Plaintiff is given an additional thirty days from the date of this order to 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. The
clerk of the court shall provide a copy of the form to plaintiff. Given plaintiff’s
representation that he is unable to pay the filing fee owed, Plaintiff is placed on
notice that he must to timely comply with this order by submitting a new
application to proceed in forma pauperis or face dismissal of this case without
prejudice.
2. Plaintiffs motion for appointment of counsel is denied without prejudice.
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