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

Case 1:06-cv-00757-JJF Document 8 Filed 03/22/2007 Paget of 2
IN THE UNITED STATES DISTRICT COURT `
FOR THE DISTRICT OF DELAWARE -.
KEVIN T. MOORE, ) "
Plaintiff, g I; .
v. ) Civil Action No. 06-757-***
MATTHEW LONG, etal., ;
Defendants. ;
ORDER
WHEREAS, plaintiff Kevin T. Moore ("Moore"), was a prisoner incarcerated at
the Sussex Community Correctional Center, Georgetown, Delaware at the time he filed
his complaint under 42 U.S.C. § 1983, along with an application to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915;
WHEREAS, on December 21, 2006, the court entered an order and granted
plaintiff leave to proceed in forma pauperis, and assessed an initial partial filing fee (D.I.
5);
WHEREAS, the order was mailed to plaintiff and returned as "undeliverable."
(D.l. 6, 7.)
WHEREAS, on January 19, 2007, the court received plaintiffs change of
address indicating that as of January 18, 2007, he was no longer incarcerated;
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. Switzen 104 F .3d 895, 899 (7“‘
Cir. 1997); see a/so Drayer v. Attorney General, Nos. 03-2517, 03-2518, 81 Fed.Appx.

Case 1:06-cv-00757-JJF Document 8 Filed 03/22/2007 Page 2 of 2
429 (3d. Cir. 2003).
THEREFORE, at Wilmington this AL day of March, 2007, IT IS HEREBY
ORDERED that within thirty days from the date of this order, plaintiff shall either pay the
filing fee ($350) or 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.
The Clerk of the Court is directed to mail this order to the address listed on the
docket sheet, and to the addressed set forth on the docket sheet at the January 19,
2007 “Remark."
NOTE: Failure to timely comply with this order shall result in dismissal of
this case without prejudice.
-//`-N QQ
/ -
able Mary Pat Thy “
U.S. Magistrate Judge
2