Free Order - District Court of Delaware - Delaware

Case 1:07—cv—00749-JJF Document 47 Filed 04/29/2008 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RAYMOND E. BLAKE, DARREN :
STAATS, ANTHONY GARNETT, :
FRANCIS EMORY, ISHMAEL :
KWALALON, MATTHEW FERGUSON, :
JAMES R. PETTIT, HASHIM :
BATSON, EDWIN BANKS, and :
MARCUS BARNHILL, :
Plaintiffs, :
v. : Civil Action No. 07-749-JJF
J. MEARS, MICHAEL COSTELLO, Q
WARDEN ROBERT GEORGE, SUSSEX :
COUNTY, OFFICER HILLS, :
CORRECTIONAL MEDICAL SERVICE, :
RICHARD NORWOOD, GEORGETOWN, :
DELAWARE, NURSE SHARON :
MACEROY, JONES, HANNA, :
C/O ADAMS, CALVERT, CARL C. :
DANBERG, DR. DURST, and KIDD, :
Defendants. :
ORDER
Plaintiffs, are pro sg litigants, all of whom were
incarcerated at the time they filed this action pursuant to 42
U.S.C. § 1983 on November 20, 1997. (D.I. 2.) Since the filing
of the original Complaint, several Amended Complaints have been
filed adding new Plaintiffs and new Defendants. (D.I. 7, 9, 10,
18, 23, 24.) All Plaintiffs are jointly and severally liable for
the $350.00 filing fee.
On January 22, 2008, the Court entered an Order requiring
Plaintiffs Ishmael Kwalalon, SBI #368806, Matthew Ferguson, SBI
#520081, and James R. Pettit, SBI #185146, to submit a request to

Case 1:07—cv—00749-JJF Document 47 Filed 04/29/2008 Page 2 of 3
proceed in fgrma pauperis and a copy of their respective prison
trust fund account statement. (D.I. 32.) The Order also
required Hashim Batson, SBI # 533447 to submit a certified copy
of his prison trust fund account statement. (ld.) Plaintiffs
were to provide the foregoing documents within thirty days from
the date of the Order and were warned that failure to submit the
documents would result in dismissal. The 30 days have passed and
the required documents have not been received from the foregoing
Plaintiffs. Therefore, Ishmael Kwalalon, Matthew Ferguson,
James R. Pettit, and Hashim Batson are DISMISSED without
prejudice as Plaintiffs in this case.
Plaintiff Darren Staats, SBI # 467006 has submitted a
request to proceed in fgrma pauperis and a copy of his prison
trust fund account statement. (D.I. 21.) His request to proceed
in fgrma pauperis is GRANTED. (D.I. 21.)
On February 2, 2008 and February 11, 2008, the Court was
notified that Edwin Banks and Anthony Garnett were no longer
incarcerated (D.1. 45). 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 (7m Cir. 1997); see alsg Drayer v. Attorney General, Nos.
03-2517, 03-2518, 81 Fed. Appx. 429 (3d Cir. 2003). Following
his release from prison, Plaintiff Anthony Garnett submitted a
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request to proceed in forma pauperis. (D.I. 46.) His request to
proceed in forma pauperis is GRANTED. (D.I. 46.)
Plaintiff, Edwin Banks, shall either pay the filing fee owed
or shall 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. Plaintiff Edwin Banks' failure to timely comply with
this Order shall result in his dismissal without prejudice from
this case.
&A.n»-o~
DATED: `l Q? OK UN D S A DISTRIC GE
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