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

Case 1:05-cv-00626-JJF Document 4 Filed O9/07/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICKY J. HAMBY, )
Plaintiff, i
v. 2 Civil Action No. 05-626 JJF
DOCTOR KASTRE, DOCTOR ALI, ;
DOCTOR ARAMBURO, DOCTOR )
KIONKE, RAPHAEL WILLIAMS, )
STAN TAYLOR, DOCTOR FISHER )
AND DIANE HERNANDEZ, )
Defendants. ;
FILING FEE ORDER
1. The plaintiff Ricky J. Hamby, SBI # 191377, a pro
se litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 without prepayment of the filing
fee.
2. Consistent with 28 U.S.C. § 1915(a)(1), the
plaintiff has submitted an affidavit stating that he has no
assets with which to prepay the filing fee. The plaintiff’s
response to question #2 of the affidavit is incomplete. Based on
the p1aintiff’s affidavit, his request to proceed in fggma
pauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
19l5(b)(l), the plaintiff shawl be assessed the filing fee of
$250.00. The plaintiff shallpsubmit a completed answer to

Case 1:05-cv-00626-JJF Document 4 Filed O9/07/2005 Page 2 of 3
question #2 of the application to proceed without prepayment of
fees 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
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
RELIEF AGAINST A DEFENDANT WHO IS IM UNE FROM SUCH RELIEF.
5. Pursuant to 28 U.S.C. § l9l5(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, then the Court shall deny
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Case 1:05-cv-00626-JJF Document 4 Filed O9/07/2005 Page 3 of 3 ig
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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1 ‘ St tes istrict Jud e
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