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

Case 1:05-cv-00465-GIVIS Document 3 Filed 07/19/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JENNIFER POWELL, )
Plaintiff, 3
v. ; Civ. No. 05-465-GMS
)
§X’§EEEYGEé`§£§€".E§“;.§?WARD’ ( r= I 1. E D
Defendants. )
u.s. DISTRICT COURT
ORDER DISTRICT OF DELAWARE
1. The plaintiff Jennifer Powell, SBI #253480, 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
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 she has no
assets with which to prepay the filing fee; and (2) a certified
copy of her prison trust fund account statement for the six—month
period immediately preceding the filing of the above—referenced
complaint. Based on the plaintiff’s submissions, her request to
proceed in fgrmg pauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
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 her average monthly

Case 1:05-cv-00465-GIVIS Document 3 Filed 07/19/2005 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 Sl.87 for the six months preceding the filing
of the complaint. The plaintiff’s average monthly deposit is
$9.29 for the six months preceding the filing of the complaint.
Accordingly, the plaintiff is required to pay an initial partial
filing fee of Sl.86, this amount being 20 percent (20%) of $9.29,
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 $1.86 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 PAYM NT 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 IM UNE FROM SUCH RELIEF.
5. Upon receipt of this order and the authorization
2

Case1:05—cv—00465-GMS Document3 Filed 07/19/2005 Page30f4
form, the Warden or other appropriate official at the Baylor
Women’s Correctional Institution, or at any prison at which the
plaintiff is or may be incarcerated, shall be required to deduct
the $1.86 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 Baylor Women’s 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 the plaintiff’s trust
account and forward that amount to the Clerk of the Court.
6. 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 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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Case 1:05-cv-00465-GIVIS Document 3 Filed 07/19/2005 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JENNIFER POWELL, )
Plaintiff, ;
v. g Civ. No. 05-465-GMS
STANLEY TAYLOR, PAUL HOWARD, g
WARDEN GEORGE, and PHS, )
Defendants. g
AUTHORIZATION
I, Jennifer Powell, SBI # 253480, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of $1.86 and the subsequent
payments pursuant to 28 U.S.C. § l9I5(b) and required by the
Court' s order date , 2005 .
This authorizatfon`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.
Date: , 2005.