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

Case 1:05-cv-00219-KAJ Document 5 Filed 04/26/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEVIN SIDNEY EPPERSON, )
Plaintiff, g
v. g Civ. No. O5—2l9—KAJ
COMMISSIONER STANLEY TAYLOR, g
WARDEN THOMAS CARROLL, DENTAL )
DEPARTMENT, DENTIST WOMAN, )
and APPOINTMENT WOMAN, )
Defendants. g
FILING FEE ORDER
l. The plaintiff Kevin Sidney Epperson, SBI #156562, a
prg 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. § l9l5(a)(l), the
plaintiff has submitted an affidavit stating that he has no
assets with which to prepay the filing fee. Based on the
plaintiff's affidavit, his request to proceed in forma pauperis
is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
l9l5(b}(l), the plaintiff shall be assessed the filing fee of
$250.00. In order to determine the schedule of payment of the
filing fee, the plaintiff shall submit a complete certified copy
of his trust fund account statement (or institutional equivalent)

Case 1:05-cv-00219-KAJ Document 5 Filed 04/26/2005 Page 2 of 3
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 MDNETARY
RELIEF AGAINST A DEFENDANT WHO IS IMMUNE 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
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
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Case 1:05-cv-00219-KAJ Document 5 Filed 04/26/2005 Page 3 of 3
serious physical injury. . ` · ,
DATED: Ir l_ '4 I . { { VJ [ __
- ` 2 (*9/ 2 UC Uni d Stat · S ‘·"éu: ` ct; Judge
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