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

Case 1:05-cv—OO624—SLR Document 3 Filed O9/O1/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HARRY T. COLLINS, )
Plaintiff, i
v. g Civil Action No. 05-624 SLR
LINDA HUNTER AND HRYCI ;
MEDICAL DEPARTMENT, )
Defendants. g
FILING FEE ORDER
l. The plaintiff Harry T. Collins, SBI # l56625, a pgp
sg litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 without prepayment of the filing
fee. The complaint submitted by the plaintiff has not been
signed.
2. Consistent with 28 U.S.C. § l9l5(a)(l), the
plaintiff has submitted an affidavit stating that he has no
assets with which to prepay the filing fee. The affidavit
submitted by the plaintiff has not been signed. Based on the
plaintiff's affidavit, his request to proceed in forma pauperis
is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
l9l5(b)(l}, the plaintiff shall be assessed the filing fee of
$250.00. The plaintiff shall submit a signed version of his
complaint and application to proceed without prepayment of fees

Case 1:05-cv—OO624—SLR Document 3 Filed O9/O1/2005 Page 2 of 3
and affidavit. In order to determine the schedule of payment of
the filing fee, the plaintiff shall submit a certified copy of
his trust fund account statement (or institutional equivalent)
for the six—month period immediately preceding the filing of the
complaint, obtained from the appropriate official at the
institution at which the plaintiff is confined. FAILURE OF THE
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 be paid .
before the court reviews the complaint. NOTWITHSTANDING ANY i
PAYMENT MADE, 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 V
RELIEF AGAINST A DEFENDANT WHO IS IM UNE FROM SUCH RELIEF. A
5. Pursuant to 28 U.S.C. § l9l5(g), if the plaintiff
has had three or more actions dismissed by the Court on the F
grounds that they were frivolous, malicious, or failed to state a é
claim upon which relief may be granted, then the Court shall deny A
the plaintiff leave to proceed in fgrma pauperis in all future |
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Case 1:05-cv—OO624—SLR Document 3 Filed O9/O1/2005 Page 3 of 3
suits filed without prepayment of the filing fee, unless the
Court determines that the plaintiff is under imminent danger of
serious physical injury.
DATED: qfl/05
United State District Judge
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