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

Case 1:05-cv—00527—SLR Document 6 Filed 08/10/2005 Page1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVID S. YARNALL, )
Plaintiff, g
v. L g Civ. No. 05-527-SLR
CPL. ANTHONY MENDEZ, DELAWARE g
STATE POLICE — TROOP 7, and )
MILLSBORO POLICE DEPARTMENT, )
Defendants. ;
ORDER
1. The plaintiff David S. Yarnall, SBI #548973, a pgp
se litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 and has requested leave to proceed
in fgrma 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 é
period immediately preceding the filing of the above-referenced i
complaint. Based on the plaintiff’s submissions, his request to ‘
proceed in fgrmg pauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. § T
1915(b)(l), 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 Q
(

Case 1:05-cv—00527—SLR Document 6 Filed 08/10/2005 Page 2 of 4
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 $51.76 for the six months preceding the filing
of the complaint. The plaintiff's average monthly deposit is
$40.83 for the six months preceding the filing of the complaint.
Accordingly, the plaintiff is required to pay an initial partial
filing fee of $10.35, this amount being 20 percent (20%) of
$51.76, 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 $10.35 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 5
PAYM NT MADE OR REQUIRED, THE COURT SHALL DISMISS THE CASE IF THE E
COURT DETERMINES THAT THE ACTION IS FRIVOLOUS OR MALICIOUS, FAILS Z
TO STATE A CLAIM UPON WHICH RELIEF MAY BE GRANTED, OR SEEKS l
MONETARY RELIEF AGAINST A DEFENDANT WHO IS IMMUNE FROM SUCH }
RELIEF. §
2
5i

Case 1:05-cv—00527—SLR Document 6 Filed 08/10/2005 Page 3 of 4
5. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at the Sussex
Correctional Center, or at any prison at which the plaintiff is
or may be incarcerated, shall be required to deduct the $10.35
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
Sussex 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. § 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 1
claim upon which relief may be granted, the Court shall deny the q
plaintiff leave to proceed in fgrma pauperis in all future suits }
filed without prepayment of the filing fee, unless the Court i
determines that the plaintiff is under imminent danger of serious I
physical injury.
DATED! 8 I Sr [05
United Stat District Judge `
3 Y
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Case 1:05-cv—00527—SLR Document 6 Filed 08/10/2005 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVID S. YARNALL, )
Plaintiff, Q
v. 5 Civ. No. 05-527-SLR
CPL. ANTHONY MENDEZ, DELAWARE i
STATE POLICE — TROOP 7, and )
MILLSBORO POLICE DEPARTMENT, )
Defendants. g
AUTHORIZATION
I, David S. Yarnall, SBI, #548973, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of $10.35 and the subsequent
payments pursuant to 28 U.S.C. § l9l5(b) and required by the
Court’s order dated [2mr§&gj Z, , 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 (
the outcome of my civil action. This authorization shall apply {
to any other agency into whose custody I may be transferred. F
Date: , 2005.
........__....._.
David S. Yarnall