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

Case 1:06-cv—OO694-G|\/IS Document 16 Filed O1/O4/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANDRE JOHNSON, )
DONNIE O. WEAVER, )
WILLIS L. GRAYSON, )
AMIR FATIR, )
DAVID B. HOUSTON, )
NICHOLAS RIVERA, )
BRADY MUHAMMAD, )
WARREN J. WYANT, )
WILLIAM WOODLIN, )
JAPHIS LAMPKINS, SR., )
DANIEL M. WOOD, )
DONALD BOYER, )
)
Plaintiffs, )
>
v. ) Civil Action No. 06-694 GMS
)
COMMISSIONER STANLEY TAYLOR, )
PAUL HOWARD, )
RONALD HOSTERMAN, )
WARDEN THOMAS CARROLL, )
MAUREEN WHALEN, )
DEPUTY WARDEN DAVID PIERCE, )
JENNY HAVEL, )
CPL. KRUMKA, )
OFFICER MORGAN, )
JANET HENRY, )
LISA MERSON, )
ALAN MACHINGTON, )
)
Defendants. )
FILING FEE ORDER
l. The plaintiffs Willis L. Grayson, SBI # l2l905,
Warren J. Wyant, SBI # l76l29, and Daniel M. Woods, SBI # l64728,
all pro se litigants who are presently incarcerated, have filed
this action pursuant to 42 U.S.C. § 1983 without prepayment of
the filing fee.

Case 1 :06-cv—OO694-GIVIS Document 16 Filed O1/O4/2007 Page 2 of 3
2. Consistent with 28 U.S.C. § l9l5(a)(l), the
plaintiffs have submitted an affidavit stating that they have no
assets with which to prepay the filing fee. Based on the
plaintiffs’ affidavits, their request to proceed ip fpgma
pauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
l9l5(b)(l), the plaintiffs shall be assessed the filing fee of
$350.00. In order to determine the schedule of payment of the
filing fee, the plaintiffs shall submit to the Clerk of Court, a
certified copy of his trust fund account statement (memorandum or
institutional equivalent, with attachments) showing all deposits,
expenditures and balances during the six—month period immediately
preceding the filing of the complaint, obtained from the
appropriate official at the institution at which the plaintiff is
confined. FAILURE OF THE PLAINTIFF TO RETURN THE REQUESTED
INFORMATION WITHIN 30 DAYS FROM THE DATE THIS ORDER IS SENT SHALL
RESULT IN DISMISSAL OF THIS ACTION WITHOUT PREJUDICE.
4. Unless the Court determines from the plaintiff’s
financial information that he has no assets whatsoever, an
initial partial filing fee of 20 percent (20%) of the greater of
the plaintiff’s average monthly deposit or average monthly
balance in the trust fund account shall be required to be paid
before the court reviews the complaint. NOTWITHSTANDING ANY
PAYMENT MADE, THE COURT SHALL DISMISS THE CASE IF THE COURT
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Case1:O6-cv—00694-GIVIS D0cument16 Filed O1/O4/2007 Page30f3
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. 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, then 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.
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DATED: §J~`~ q' Qxx)7 Uni ed t es Distr ct Jud e
F I L E D
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u.s. DISTRICT COURT
MSTWCTOFDELAWARE
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