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

Case 1:05-cv-00794-JJF Document 3 Filed 11/28/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DONOVAN ESDAILE )
Plaintiff, )
v. ) Civil Action No. 05-794 JJF
DELAWARE CORRECTIONAL CENTER )
BUSINESS OFFICE, )
CORRECTIONAL OFFICER D. WHITE, )
Defendants. )
ORDER
1. The plaintiff Donovan Esdaile, SBI #505340, a pgg
ge 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
period immediately preceding the filing of the above-referenced
complaint. Based on the p1aintiff’s submissions, his request to
proceed in fgrma pauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. 5
1915(b)(1), 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.

Case 1:05-cv-00794-JJF Document 3 Filed 11/28/2005 Page 2 of 3
4. In evaluating the plaintiff's account information,
the Court has determined that the plaintiff has an average
account balance of $57.95 for the six months preceding the filing
of the complaint. The plaintiff's average monthly deposit is
$34.81 for the six months preceding the filing of the complaint.
Accordingly, the plaintiff is required to pay an initial partial
filing fee of $11.59, this amount being 20 percent (20%) of
$57.95, 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 the attached authorization form allowing the
agency having custody of him to forward the $11.59 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.
5. Upon receipt of this order and the authorization
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Case 1:05-cv-00794-JJF Document 3 Filed 11/28/2005 Page 3 of 3
form, 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 deduct the $11.59
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.
6. Pursuant to 28 U.S.C. § 1915(9), 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 ig 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.
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" Unite• Stgter District Judge
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