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

Case 1:06#cv-00632-JJF Document 11 Filed 11/16/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IVAN SMITH )
Plaintiff, g
v. 5 Civil Action No. 06-682 JJF
CITY OF WILMINGTON, g
UNNAMED WPD DETECTIVE, )
UNNAMED AUSA FOR DISTRICT OF DE, )
DISTRICT COURT OF DE, )
UNNAMED ATFE AGENT, )
US MARSHAL, )
Defendants. g
ORDER
l. The plaintiff Ivan Smith, SBI #204884, a pro se
litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § l983 and has requested leave to proceed
in fgrma pauperis pursuant to 28 U.S.C. § l9l5. The plaintiff
filed his request to proceed in fgrmg pauperis without the
required certified copy of his prison trust fund account
statement pursuant to 28 U.S.C. § l9l5(a)(2).
2. On November 6, 2006, this Court ordered the
plaintiff to provide a certified copy of his complete prison
trust fund account statement for the six—month period immediately
preceding the filing of the above—referenced complaint. The
plaintiff submitted the required documents on November l4, 2006.
3. In evaluating the plaintiff’s account information
pursuant to 28 U.S.C. § l9l5(b)(l), the Court has determined that
the plaintiff has an average account balance of $l75.70 for the

Case 1:06-cv-00632-JJF Document 11 Filed 11/16/2006 Page 2 of 3
six months preceding the filing of the complaint. The
plaintiff's average monthly deposit is $84.09 for the six months
preceding the filing of the complaint. Accordingly, the
plaintiff is required to pay an initial partial filing fee of
$35.14, this amount being 20 percent (20%) of $175.70, the
greater of his average monthly deposit and average daily balance
in the trust fund account for the six months preceding the filing
of the complaint. Therefore, 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 the $35.14 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 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.
4. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at the Salem
County Correctional Facility, 125 Cemetery Road, Woodstown, NJ
2

Case 1:06-cv-00632-JJF Document Filed 11/16/2006 Page 3 of 3
08098, or at any prison at which the plaintiff is or may be
incarcerated, shall be required to deduct the $35.l4 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
$l0.00, the Warden or other appropriate official at Salem County
Correctional Facility, l25 Cemetery Road, Woodstown, NJ 08098, 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.
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, the Court shall deny the
plaintiff leave to proceed in fgrma 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: U/[9/06 `% gg
Un d States District nudge
3

Case 1:06-cv-00632-JJF Document 11-2 Filed 11/16/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
rvz-uv SMITH )
Plaintiff, g
v. ; Civil Action No. 06-632 JJF
CITY OF WILMINGTON, g
UNNAMED WPD DETECTIVE, )
UNNAMED AUSA FOR DISTRICT OF DE, )
DISTRICT COURT OF DE, )
UNNAMED ATFE AGENT, )
Us MARSHAL, )
Defendants. g
AUTHORIZATION
I, Ivan Smith, SBI #204884, request and authorize the agency
holding me in custody to disburse to the Clerk of the Court the
initial partial filing fee of $35.l4 and the subsequent payments
pursuant to 28 U.S.C. § l9l5(b) and required by the Court's order
dated l§bWHWQQ{`lL0 , 2006.
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 of the outcome of my civil action. This
authorization shall apply to any other agency into whose custody
I may be transferred.
Date: , 2006.