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

Case 1:06-cv—OO694-G|\/IS Document 15 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. )
ORDER
l. The plaintiffs Nicholas Rivera and William Woodlin,
pro se litigants who are presently incarcerated, have filed this
action pursuant to 42 U.S.C. § l983 without prepayment of the
filing fee or a request to proceed in forma pauperis.

Case 1 :06-cv—OO694-GIVIS Document 15 Filed O1/O4/2007 Page 2 of 3
2. Pursuant to 28 U.S.C. § l9l5(b), the plaintiffs
shall be assessed the filing fee of $350.00.
3. Pursuant to the requirements of 28 U.S.C.
§ l9l5(a)(l) and (2), and in order to determine the schedule of
payment of the filing fee, the plaintiffs shall submit to the
Clerk of Court, a request to proceed ip fpgma pauperis and a
certified copy of their prison 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 each institution at
which the plaintiff is confined. FAILURE OF THE PLAINTIFFS 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 paid
before the court reviews the complaint. 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
2

Case 1 :06-cv—OO694-GIVIS Document 15 Filed O1/O4/2007 Page 3 of 3
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.
/\
DATED: \3°”\· °I,2O°`7 Unit d St tes Distr ct Ju ge
DISTRICT OF DELAWARE
3