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

Case 1:05-cv-00626-JJF Document 6 Filed 10/O4/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISQRICT OF DELAWARE
R1cKY J. HAMBY, )
Plaintiff, g
v. g Civil Action No. 05-626 JJF
DOCTOR KASTRE, DOCTOR ALI, 5
DOCTOR ARAMBURO, DOCTOR )
KIONKE, RAPHAEL WILLIAMS, )
STAN TAYLOR, DOCTOR FISHER )
AND DIANE HERNANDEZ, )
Defendants. g
ORDER
1. The plaintiff Ricky J. Hamby, SBI #191377, a prg sg
litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 and has requested leave to proceed
ig forma pauperis pursuant to 28 U.S.C. § 1915. The plaintiff
filed his request to proceed ig fgrmg pauperis without answering
question #2, and without providing the required certified copy of
his prison trust fund account statement pursuant to 28 U.S.C. §
isi5(a)(2).
2. On September 7, 2005, this Court granted the
plaintiff leave to proceed in fgrmg pauperis and ordered the
plaintiff to provide an answer to question #2 on his in forma
pauperis application, and 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

Case 1:05-cv-00626-JJF Documwnt 6 Filed 10/O4/2005 Page 2 of 3
H
September 28, 2005. {
3. In evaluating the plaintiff’s account information
pursuant to 28 U.S.C. § 1915(b)(1), the Court has determined that
the plaintiff has an average account balance of $145.69 for the
six months preceding the filing of the complaint. The
plaintiff’s average monthly deposit is $65.54 for the six months
preceding the filing of the complaint. Accordingly, the
plaintiff is required to pay an initial partial filing fee of
$29.14, this amount being 20 percent (20%) of $145.69, the
greater of his average monthl deposit and average daily balance
in the trust fund account for%%he six months preceding the filing
of the complaint. Therefore,lthe 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 $29.14 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 IS5FRIVOLOUS OR MALICIOUS, FAILS TO
Q
STATE A CLAIM UPON WHICH RELITF MAY BE GRANTED, OR SEEKS MONETARY
RELIEF AGAINST A DEFENDANT WH? IS IMMUNE FROM SUCH RELIEF.

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Case1:O5-cv-00626-JJF D0cument6 Fi|ed10/04/2005 Page30f3
4. Upon receipt of®this order and the authorization
form, the Warden or other apprbpriate official at Howard R. Young
Correctional Institution, or at any prison at which the plaintiff
is or may be incarcerated, shall be required to deduct the $29.14
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
Howard R. Young Correctional Institution, 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 th? plaintiff’s trust account and
forward that amount to the Cljrk of the Court.
5. Pursuant to 28 U.S.C. § 1915(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 fgrmg pauperis in all future suits
filed without prepayment of the filing fee, unless the Court
determines that the plaintiffgis under imminent danger of serious
physical injury. §
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