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

Case 1:07-cv—00394-G|\/IS Document9 Filed 07/13/2007 Page1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JONI L. JOHNSON, )
Plaintiff, g
v. ; Civil Action No. 07-394-GMS
JOSEPH BIDEN, JR., ;
COMMISSIONER CARL DANBERG, )
BUREAU CHIEF RICK KEARNY, )
WARDEN PATRICK RYAN, COLLEEN )
SHOTZBURGER, MS. RUSSEL, )
MR. o’coNNoR, >
Defendant(s). §
ORDER
1. The plaintiff Joni L. Johnson, SBI #182823, a ogo
oo litiqant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 without prepayment of the filing fee
or a request to proceed io forma oauoeris pursuant to 28 U.S.C. §
1915.
2. On July 6, 2007, this Court assessed the plaintiff
the $350.00 filing fee and ordered her to provide a request to
proceed io forma oauoeris and a certified copy of her prison
trust fund account statement for the six—month period immediately
preceding the filing of the above—referenced complaint. The
plaintiff submitted the required documents on July 10, 2007.
Based on the plaintiff’s submissions, her request to proceed io

Case 1:07-cv—00394-G|\/IS Document 9 Filed 07/13/2007 Page 2 of 4
fgrma pauperis is granted.
3. In evaluating the plaintiff’s account information
pursuant to 28 U.S.C. § l9l5(b)(1), the Court has determined that
the plaintiff has an average account balance of $14.00 for the
six months preceding the filing of the complaint. The
plaintiff’s average monthly deposit is $13.00 for the six months
preceding the filing of the complaint. Accordingly, the
plaintiff is required to pay an initial partial filing fee of
$2.80, this amount being 20 percent (20%) of $14.00, the greater
of her 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 to the
Clerk of Court the attached authorization form allowing the
agency having custody of him to forward the $2.80 initial partial
filing fee and subsequent payments to the Clerk of the Court.
FAILURE OF THE PLAINTIFF TO RETURN 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 UPON WHICH RELIEF MAY BE GRANTED, OR SEEKS
MDNETARY RELIEF AGAINST A DEFENDANT WHO IS IM UNE FROM SUCH
RELIEF.
2

Case 1:07-cv—00394-G|\/IS Document 9 Filed 07/13/2007 Page 3 of 4
4. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at Delores J.
Baylor Women’s Correctional Institution, or at any prison at
which the plaintiff is or may be incarcerated, shall be required
to deduct the $2.80 initial partial filing fee from the
plaintiff’s 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 exceeds $l0.00, the Warden or other
appropriate official at Delores J. Baylor Women’s Correctional
Institution, 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
plaintiff’s trust account and forward that amount to the Clerk of
the Court.
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, the Court shall deny the
plaintiff leave to proceed in forma 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. égy
DZ-\TED: (Q01? I L E D
United States Distri t udge
3 .}`ST_ E 3 ECC?
g__¤}é?¤Pé?E§“é%TEE§’V‘dE§E

Case 1:07-cv—00394-G|\/IS Document 9 Filed 07/13/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JONI L. JOHNSON, )
Plaintiff, ;
v. g Civil Action No. 07-394-GMS
JOSEPH BIDEN, JR., 3
COMMISSIONER CARL DANBERG, )
BUREAU CHIEF RICK KEARNY, )
WARDEN PATRICK RYAN, COLLEEN )
SHOTZBURGER, MS. RUSSEL, )
MR. o’coNNoR, >
Defendants. g
AUTHORIZATION
I, Joni L. Johnson, SBI #l82823, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of $2.80 and the subsequent
payments pursuant to 28 U.S.C. § l9l5(b) and required by the
Court’s order dated , 2007.
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: , 2007.