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

Case 1:05-cv-00844-GIVIS Document 3 Filed 12/19/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ELDoN Porrs, >
)
Plaintiff, )
>
v. ) Civil Action N0. 05-844-GMS
)
)
CHRIS SENATO, MELVIN HENNESY, )
MICHAEL DELOY, and RICHARD )
KEARNEY, )
)
Defendants. )
ORDER
1. The plaintiff Eldon Potts, SBI #211193, a pro sg
litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 and has requested leave to proceed
in forma pauperis pursuant to 28 U.S.C. § 1915.
2. Consistent with 28 U.S.C. § 1915(a)(1) and (2), the
plaintiff has submitted: (1) an affidavit stating that he has no
assets with which to prepay the filing fee; and (2) a certified {
copy of his prison trust fund account statement for the six—month i
period immediately preceding the filing of the above—referenced
complaint. Based on the plaintiff’s submissions, his request to
proceed in forma pauperis is granted. 1

* ; : 1 Y
3. Notwithstanding the above, pursuant to 28 U.S.C. §
19I5(b)(I), the plaintiff shall be assessed the filing fee of
$250.00 and shall be required to pay an initial partial filing
fee of 20 percent (20%) of the greater of his average monthly
deposit or average monthly balance in the trust fund account.
4. In evaluating the plaintiff’s account information,
the Court has determined that the plaintiff has an average
account balance of $2,537.83 for the six months preceding the
filing of the complaint. The plaintiff’s average monthly deposit
is $125.54 for the six months preceding the filing of the
complaint. The plaintiff is required to pay the full filing fee
of $250.00. This amount is less than 20 percent (20%) of
$2,537.83. This calculation is not to exceed the total filing
fee of $250.00, 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 1
plaintiff shall, within thirty days from the date this order is i
sent, complete and return the attached authorization form to the
Clerk of Court, allowing the agency having custody of him to
forward the $250.00 filing fee 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
2

Case 1:05-cv-00844-GIVIS D0cument3 Filed 12/19/2005 Page30f4
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.
5. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at Sussex
Correctional Institution, or at any prison at which the plaintiff
is or may be incarcerated, shall be required to deduct the
$250.00 filing fee from the plaintiff’s trust account, when such
funds become available, and forward that amount to the Clerk of
the Court.
6. 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 i
filed without prepayment of the filing fee, unless the Court i
determines that the plaintiff is under imminent danger of serious
physical injury. ?£» 1 M No
q E' `
DATED; _ A
Un e su tes Distri t Jud

3

Case 1:05-cv-00844-GIVIS Document 3 Filed 12/19/2005 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ELDoN porws, )
)
Plaintiff, )
)
v. ) Civil Action No. 05-844-GMS
)
CHRIS SENATO, MELVIN HENNESY, )
MICHAEL DELOY, and RICHARD )
KEARNEY, )
>
Defendants. )
AUTHORIZATION
I, Eldon Potts, SBI #211193, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the full filing fee of $250.00 pursuant to 28 U.S.C. §
1915(b) and required by the Court’s order dated U
, 2005.
This authorization is furnished in connection with the
filing of a civil action, and I understand that the filing fee
for the complaint is $250.00. I also understand that the entire
filing fee may be deducted from my trust account regardless of y
the outcome of my civil action. This authorization shall apply 1
to any other agency into whose custody I may be transferred. 5
Date: , 2005.
`
Signature of Plaintiff