Free Order (PLRA) for Pay Authorization - District Court of Delaware - Delaware

Case 1:08-cv-00020-SLR Document 4 Filed 01/18/2008 Page1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DEMETRIUS BAILEY, )
Plaintiff, g
v. g Civ. No. 08-020-SLR
STREET KNOWLEDGE PUBLISHING, g
Defendant. g
ORDER
1. The plaintiff Demetrius Bailey, SBI #CP7819, a gg E Iitigant who is
presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and has
requested leave to proceed Q @1Q pauperis pursuant to 28 U.S.C. § 1915.
2. Consistent with 28 U.S.C. § 1915(a)(1) and (2), the plaintiff has
submitted: (1) an affidavit stating that he has no assets with which to prepay the filing
fee; and (2) a certified copy of his prison trust fund account statement for the slx—month
period immediately preceding the filing of the above-referenced complaint. Based on
the plalntiff’s submissions, his request to proceed in @1; gauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. § 1915(b)(1), the
plaintiff shall be assessed the filing fee of $350.00 and shall be required to pay an initial
partial filing fee of 20 percent (20%) of the greater of his average monthly deposit or
average monthly balance in the trust fund account.
4. In evaluating the plalntiff’s account information, the Court has
determined that the plaintiff has an average account balance of $57.64 for the six

Case 1:08-cv-00020-SLR Document 4 Filed 01/18/2008 Page 2 of 4
months preceding the filing of the complaint. The plaintiff’s average monthly deposit is
$138.50 for the six months preceding the filing of the complaint. Accordingly, the
plaintiff is required to pay an initial partial filing fee of $27.70, this amount being 20
percent (20%) of $138.50, the greater of his average monthly deposit and average daily
balance in the trust fund account for the six months preceding the filing of the
complaint. Therefore, the plaintiff shall, within thirty days from the date this order
is sent, complete and return the attached authorization form allowing the agency
having custody of him to forward the $27.70 initial partial filing fee and
subsequent payments to the Clerk of the Court. FAILURE OF THE PLAINTIFF TO
RE'l'URN THE AUTHORIZATION FORM WITHIN 30 DAYS FROM THE DATE THIS
ORDER IS SENT SHALL RESULT IN DISMISSAL OF THIS ACTION WITHOUT
PREJUDICE. NOTWITHSTANDING ANY PAYMENT MADE OR REQUIRED, THE
COURT SHALL DISMISS THE CASE IF THE COURT DETERMINES THAT THE
ACTION IS FRIVOLOUS OR MALICIOUS, FAILS TO STATE A CLAIM LIPON WHICH
RELIEF MAY BE GRANTED, OR SEEKS MONETARY RELIEF AGAINST A
DEFENDANT WHO IS IMMUNE FROM SUCH RELIEF.
5. Upon receipt of this order and the authorization form, the Warden or
other appropriate official at SCI at Forest, P.O. Box 307, Marienville, PA 16239, or at
any prison at which the plaintiff is or may be incarcerated, shall be required to deduct
the $27.70 initial partial filing fee from the plaintiffs trust account, when such funds
become available, and forward that amount to the Clerk of the Court. Thereafter,
absent further order of the Court, each time that the balance in plaintiff’s trust account
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Case 1:08-cv-00020-SLR Document 4 Filed 01/18/2008 Page 3 of 4
exceeds $10.00, the Warden or other appropriate official at SCI at Forest, P.O. Box
307, Marienville, PA 16239, or at any prison at which the plaintiff is or may be
incarcerated, shall be required to make monthly payments of 20 percent (20%) of the
preceding month’s income credited to the p|aintiff’s trust account and forward that
amount to the Clerk of the Court.
6. Pursuant to 28 U.S.C. § 1915(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, the Court shall deny the
plaintiff leave to proceed Q gg pauperis in all future suits filed without prepayment of
the filing fee, unless the Court determines that the plaintiff is under imminent danger of
serious physical injury.
DATED: l{l8 [vi
3

Case 1:08-cv-00020-SLR Document 4 Filed 01/18/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DEMETRIUS BAILEY, )
Plaintiff, ;
v. g Civ. No. 08-020-SLR
STREET KNOWLEDGE PUBLISHING, ;
Defendant. ;
AU'l'HORlZA'I'lON
I, Demetrius Bailey, SBI #CP7819, request and authorize the agency holding me
in custody to disburse to the Clerk of the Court the initial partial filing fee of $27.70 and
the subsequent payments pursuant to 28 U.S.C. § 1915(b) and required by the Court’s
order dated , 2008.
This authorization is furnished to the Clerk of Court in connection with the filing
of a civil action, and I understand that the filing fee for the complaint is $350.00. I also
understand that the entire filing fee may be deducted from my trust account regardless
of the outcome of my civil action. This authorization shall apply to any other agency
into whose custody I may be transferred.
Date: , 2008.


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