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

Case 1:06-cv—00757-JJF Document 5 Filed 12/21/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEVIN T. MOORE, I
Plaintiff, I
v. I Civil Action No. 06-757-***
MATTHEW LONG, C/O DAVID WELLS, I ‘
c/o JACOB comxroa, c/o DEAN )
HUDSON, CPL. DAVID HAMRICK, I
CPL. JOSHUA CONNOR, LT. DEAN )
BLADES, )
Defendants. I
ORDER
I 1. The plaintiff Kevin T. Moore, SBI #202242, a prg se
litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 and has requested leave to proceed
in fgrma 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 period
immediately preceding the filing of the above—referenced
complaint. Based on the plaintiff’s submissions, his request to
proceed in fgrma pauperis is granted.
I 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 E
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Case 1:06-cv—00757-JJF Document 5 Filed 12/21/2006 Page 2 of 4
deposit or average monthly balance in the trust fund account.
4. In evaluating the plaintiff’s account information, I
the Court has determined that the plaintiff has an average account
balance of $1.50 for the period November 21, 2006 (beginning
report date by institution) through December 5, 2006 (last date
noted on trust account statement). The plaintiff’s average
monthly deposit for the same period is $10.00. Accordingly, the
plaintiff is required to pay an initial partial filing fee of
$2.00, this amount being 20 percent (20%) of $10.00, the greater
of his average monthly deposit and average daily balance in the
trust fund account for the stated period 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 $2.00 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 U
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 MONETARY RELIEF AGAINST A
DEFENDANT WHO IS IMMUNE FROM SUCH RELIEF.
5. Upon receipt of this order and the authorization Q


Case1:O6-cv—OO757-JJF D0cument5 Fi|ed12/21/2006 Page30f4
form, the Warden or other appropriate Official at Sussex County
Correctional Center (SVOP), or at any prison at which the
plaintiff is or may be incarcerated, shall be required to deduct
the $2.00 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 $10.00, the Warden or other appropriate official at Sussex
County Correctional Center (SVOP), 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.
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 I
claim upon which relief may be granted, the Court shall deny the
plaintiff leave to proceed in fgrmg 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.
i y - ,_.,,,.. l‘‘‘‘i` 'i`i``i*i``` C
DATED: f%;,%,c»_; ,·`' l
* fu,i‘:“-)"L ·····‘ - £_~u*~”* ,.,. Q
ongfggpe Mary Pat T n e E
U.S. gistrate Judge Q
3

Case 1:06-cv—00757-JJF Document 5 Filed 12/21/2006 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEVIN T. MOORE, )
Plaintiff, 3 '
v. g Civil Action No. 06-757-*** I
MATTHEW LONG, C/O DAVID WELLS, g
c /o JACOB coNNoE, c / o DEAN }
HUDSON, CPL. DAVID HAMRICK, }
CPL. JOSHUA CONNOR, LT. DEAN )
BLADES, )
Defendants. )
AUTHORIZATION
I, Kevin T. Moore, SBI #202242, request and authorize the Q
. agency holding me in custody to disburse to the Clerk of the \
Court the initial partial filing fee of $2.00 and the subsequent
payments pursuant to 28 U.S.C. § l9l5(b) and required by the
Court’s order dated , 2006.
This authorization is furnished to the Clerk of Court in
connection with the filing of a civil action, and I understand Q
that the filing fee for the complaint is $350.00. I also I
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 : , 2 O O 6 . l