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

Case 1:06-cv—OO349-G|\/IS D0cument9 Filed 08/O3/2006 Page1 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THOMAS R. MILLER, )
Plaintiff, g
v. g Civil Action No. 06-349 GMS
WARDEN THOMAS CARROLL, ;
DR. MAGGIE BAILEY, AND )
CONTRACTOR CMS, )
Defendants. ;
ORDER
l. The plaintiff Thomas R. Miller, SBI #144108, a oro
ao litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 and has requested leave to proceed
fo forma oauperis pursuant to 28 U.S.C. § 1915. The plaintiff
filed his request to proceed fo forma pauperis without the
required certified copy of his prison trust fund account
statement pursuant to 28 U.S.C. § 1915(a)(2).
2. On June 15, 2006, this Court granted the plaintiff
leave to proceed fo forma pauperis and ordered the plaintiff to
provide a certified copy of his 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 July 3, 2006.
3. In evaluating the plaintiff’s account information

Case 1:06-cv—OO349-G|\/IS Document 9 Filed 08/O3/2006 Page 2 of 4
pursuant to 28 U.S.C. § l9l5(b)(l), the Court has determined that
the plaintiff has an average account balance of $5.63 for the six
months preceding the filing of the complaint. The plaintiff’s
average monthly deposit is $9.l7 for the six months preceding the
filing of the complaint. Accordingly, the plaintiff is required
to pay an initial partial filing fee of $1.83, this amount being
20 percent (20%) of $9.l7, 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 $1.83 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 PAYM NT 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 IM UNE FROM SUCH RELIEF.
4. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at the Delaware
2

Case1:O6-cv-00349-GIVIS Document9 Filed 08/O3/2006 Page30f4
Correctional Center, or at any prison at which the plaintiff is
or may be incarcerated, shall be required to deduct the $1.83
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 the
Delaware Correctional Center, 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. § 19l5(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 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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Case 1 :06-cv—0O349-GIVIS Document 9 Filed 08/O3/2006 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
THOMAS R. MILLER, )
Plaintiff, g
v. ; Civil Action No. 06-349 GMS
WARDEN THOMAS CARROLL, ;
DR. MAGGIE BAILEY, AND )
CONTRACTOR CMS, )
Defendants. g
AUTHORIZATION
I, Thomas R. Miller, SBI #144108, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of $l.83 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
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.