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

Case 1 :04-cv-01328-GIVIS Document 63 Filed 05/1 1/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES HALL, )
Plaintiff, J
v. ) Civ. Action No. 04-1328-GMS
DAVID HOLMAN, et al., )
Defendants. g
ORDER
WHEREAS, the plaintiff, James Hall (“Hall”), was a prisoner incarcerated at the
Delaware Correctional Center, Smyma, Wilmington, Delaware at the time he filed this 42 U.S.C.
§ 1983 action, along with an application to proceed informa pauperis pursuant to 28 U.S.C. §
1915;
WHEREAS, on July 19, 2005, the court entered an order granting Hall leave to proceed
informa pauperis, assessing a filing fee of $250 and requiring Hall to pay an initial partial filing
fee of$l.67 (D.I. 6);
WHEREAS, Hall has paid a total of $1.67 towards the $250 filing fee owed;
WHEREAS, on July 31, 2006, the court received correspondence from Hall that indicated
he had been released from prison and that provided the cotut with a new address (D.I. 42);
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'h Cir. 1997); see also
Drayer v. Attorney General, Nos. 03-2517, 03-2518, 81 Fed.Appx. 429 (3d. Cir. 2003).
THEREFORE, at Wilmington this LQ? day of 1 27 , 2007, IT IS

Case 1:04-cv—01328-Gl\/IS Document 63 Filed 05/11/2007 Page 2 of 2
HEREBY ORDERED that:
l. Within thirty days from the date of this order, Hall shall either pay the balance of the
filing fee owed ($248.33) or submit a new standard form application to proceed without
prepayment of fees and affidavit so that the court may determine whether he is still eligible to
proceed informa pauperis.
2. The clerk of the court is directed to send a copy of this order and an informa pauperis
application to Hall at the address listed on the docket sheet, and also to the following address
provided by the defendants: lO904 Hidden Creek Court, Ft. Washington, MD 20744.
NOTE: Failure to timely comply with this order may result in dismissal of this case
without prejudice.
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