Free Order (PLRA) Reinstating Filing Fee - District Court of Delaware - Delaware

Case 1:07-cv-00084-SLR Document 18 Filed 10/29/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES ST. LOUIS, )
Plaintiff, g
v. g Civil Action No. 07-84-SLR
EVA MARSHALL, CHRIS FOWLER, ;
MELANIE WITHERS, and KARL )
HALLER, )
Defendants. ;
ORDER
On April 24, 2007 plaintiffs case was dismissed as malicious and frivolous
pursuant to 28 U.S.C. § 1915(e)(2)(B) and § 1915A(b)(1). (D.|. 8) The order provided
that plaintiff was not required to pay any previously assessed fees or the $350.00 filing
fee. Plaintiff appealed dismissal ofthe case and, on September 13, 2007, the United
States Court of Appeals for the Third Circuit affirmed dismissal of the case, but
remanded the case for this court to enter an order that the filing fee be collected from
plaintiffs prison account in installments when funds are available pursuant to 28 U.S.C.
§ 1915(b)(2).
When plaintiff was granted leave to proceed in forma pauperis on April 24, 2007,
he provided a certified copy of his prison trust fund account statement for the six-month
period immediately preceding the filing ofthe above-referenced complaint. In
evaluating pIaintiff’s account information pursuant to 28 U.S.C. § 1915(b)(1), the court
has determined that the plaintiff has no assets and no means to pay the initial
partial filing fee, nevertheless, any money the plaintiff later receives will be

Case 1:07-cv-00084-SLR Document 18 Filed 10/29/2007 Page 2 of 3
collected in the manner described below.
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 all payments required by 28 U.S.C. § 1915(b)(2) to the clerk
ofthe court. FAILLIRE OF PLAINTIFF TO RETURN THE AUTHORIZATION FORM TO
THE CLERK OF COURT WITHIN THIRTY DAYS FROM THE DATE THIS ORDER IS
SENT MAY RESULT IN SANCTIONS.
The plaintiff shall be required to make monthly payments of 20 percent (20%) of
the preceding month’s income credited to the plaintiffs prison trust account and absent
further order of the Court, the Warden or other appropriate official at the Delaware
Correctional Center, or at any prison at which the plaintiff is or may be incarcerated,
shall forward payments from his account to the Clerk of the Court each time the amount
in the account exceeds $10.00 until the filing fee is paid.
DATED: /o]J~6 /07 @
UNITED STAT DISTRICT JUDGE
2

Case 1:07-cv-00084-SLR Document 18 Filed 10/29/2007 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JAMES ST. LOUIS, )
Plaintiff, g
v. g Civil Action No. 07-84-SLR
EVA MARSHALL, CHRIS FOWLER, g
MELANIE WITHERS, and KARL )
HALLER, )
Defendants. g
AUTHORIZATION
I, James St. Louis, SBI #446518 request and authorize the agency holding me in
custody to disburse to the clerk of the court all payments pursuant to 28 U.S.C. §
1915(b) and required by the courts order dated October 25, 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
ofthe outcome of my civil action. This authorization shall apply to any other agency
into whose custody I may be transferred.
Date: , 2007.