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

Case 1:06-cv—O0529-SLR Document 3 Filed O9/12/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OE DELAWARE
DAVID SCOTT YARNALL, )
Plaintiff, )
v. ) Civ. No. 06-529 SLR
PFC BUCHERT l065 2, )
Defendant(s). )
O R D E R
l. The plaintiff David Scott Yarnall, SBI #548973, a
pgp ge litiqant who is presently incarcerated, has filed this
action pursuant to 42 U.S.C. § 1983 without prepayment of the
filing fee or a request to proceed ip fpgma pauperis.
2. Pursuant to 28 U.S.C. § l9l5(b), the plaintiff
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 plaintiff shall submit to the
Clerk of Court, a request to proceed ip fpgma pauperis and a
certified copy of his prison trust fund account statement
statement (memorandum or institutional equivalent, with
attachments) ggpging all deposits, expenditures and balances
durinq 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

Case 1:06-cv—O0529-SLR Document 3 Filed O9/12/2006 Page 2 of 4
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 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
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: Qjzcxfvp
2

Case 1:06-cv—O0529-SLR Document 3 Filed O9/12/2006 Page 3 of 4
AO 240 (Rev. ID/D3)
DELAWAREtRev. 5{U6)
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
Plaintiff APPLICATION TO PROCEED
V. WITHOUT PREPAYMENT OF
FEES AND AFF IDAVIT
Defendant(s)
CASE NUMBER:
I, declare that I am the (check appropriate box)
El Petitioner/Plaintiff/Movant El Other
in the above-entitled proceeding; that in support of my request to proceed without prepayment of fees or costs under
28 USC §I9l 5, I declare that I am unable to pay the costs ofthese proceedings and that I am entitled to the relief
sought in the complaint/petition/motion.
In support of this application, I answer the following questions under penalty of perjury:
I . Are you currently incarcerated? El Yes El No (If "No" go to Question 2)
If"YES" state the place ofyour incarceration
Inmate Identification Number (Required):
Are you employed at the institution? __ Do you receive any payment from the institution?
Attach a lezlger sheet [rom the institution o[ your incarceration detailing all transactions over the gas!
sb: months.
2. Are you currently employed? El Yes El No
a. Ifthe answer is "YES" state the amount of your take—home salary or wages and pay period
and give the name and address of your employer.
b. lf the answer is "NO" state the date of your last employment, the amount of your take—home
salary or wages and pay period and the name and address of your last employer.
3. In the past I2 twelve months have you received any money from any of the following sources?
a. Business, profession or other self—employment El Yes El No
b. Rent payments, interest or dividends D Yes El No
c. Pensions, annuities or life insurance payments El Yes El No
d. Disability or workers compensation payments Ci Yes El No
e. Gifts or inheritances EI Yes E1 No
f. Any other sources El Yes EJ No
If the answer to any ofthe above is "YES" describe each source of money and state the amount
received AND what you expect you will continue to receive.

Case 1:06-cv—O0529-SLR Document 3 Filed O9/12/2006 Page 4 of 4
AO 240 Reverse (Rev. l0_/D3}
DELAWARE Rev5£062
4. Do you have any cash or checking or savings accounts? II! Yes El No
It` "Yes" state the total amount $
5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other
valuable property?
El Yes D No
lf "Yes" describe the property and state its value.
6. List the persons who are dependent on you for support, state your relationship to each person and
indicate how much you contribute to their support, OR state NONE if` applicable.
I declare under penalty of perjury that the above information is true and correct.
DATE SIGNATURE OF APPLICANT
NOTE TO PRISONER: A Prisoner seeking to proceed without prepayment of fees shall submit an affidavit
stating all assets. In addition, a prisoner must attach a statement certified by the appropriate institutional
officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts.
If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified
statement of each account.