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

Case 1:05-cv-00305-JJF Document 6 Filed 07/07/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IVAN L. MENDEZ, )
Plaintiff, g
v. i Civ. No. 05—305—JJF
DELAWARE STATE, g
Defendant. g
ORDER E

l. The plaintiff Ivan L. Mendez, SBI #45351, a pgp se i
litigant who is presently incarcerated, has filed this action $
pursuant to 42 U.S.C. § 1983. The Court granted the plaintiff
leave to proceed ig fgrma pauperis on June 7, 2005, and ordered I
the plaintiff to file a certified copy of his prison trust
account statement within thirty days, or the complaint would be
dismissed. The plaintiff filed the required documents on June
23, 2005.
2. The Court has determined that the plaintiff has no
assets and no means to pay the initial partial filing fee,
nevertheless, any money the plaintiff later receives will be
collected in the manner described below.
3. 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

Case 1:05-cv-00305-JJF Document 6 Filed 07/07/2005 Page 2 of 3
forward all payments required by 28 U.S.C. § l9l5(b)(2) to the 1
Clerk of the Court. FAILURE OF THE PLAINTIFF TO RETURN THE I
AUTHORIZATION FORM WITHIN THIRTY DAYS FROM THE DATE THIS ORDER IS
SENT SHALL RESULT IN DISMISSAL OF THIS ACTION.
4. The plaintiff shall be required to make monthly {
payments of 20 percent (20%) of the preceding month's income %
credited to the plaintiff’s prison trust account and absent i
further order of the Court, the Warden or other appropriate i
official at the Delaware Correctional Center, or at any prison at L
which the plaintiff is or may be incarcerated, shall forward
payments from his account to the Clerk of the Court each time the 1
amount in the account exceeds $10.00 until the filing fee is I
paid. NOTWITHSTANDING ANY PAYMENT MADE OR REQUIRED, THE COURT é
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 MDNETARY RELIEF AGAINST A DEFENDANT WHO
IS IM UNE FROM SUCH RELIEF.
5. Pursuant to 28 U.S.C. § l9l5(g), if 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 plaintiff
leave to proceed in fgrma pauperis all future suits filed without
prepayment of the filing fee, unless the Court determines that
2

Case 1:05-cv-00305-JJF D0cument6 Filed 07/07/2005 Page30f3
plaintiff is under imminent danger ef serious physical injury.
DATED= W 7( ldb§‘ A\.•2=.aA Kg Quewwg
K ‘ Uni @ Sta I'- r strict Judge
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