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


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Date: March 8, 2005
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State: Delaware
Category: District Court of Delaware
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Preview Order (PLRA) for Pay Authorization - District Court of Delaware
Case 1:05-cv-00067-SLR Document 4 Filed O3/07/2005 Page1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLIAM FREDERICK DAVIS, III, )
Plaintiff, g
v. g Civ. No. 05-067-SLR
STATE OF DELAWARE, DEPARTMENT OF g
CORRECTION, RAPHAEL WILLIAMS, )
STAN TAYLOR, FIRST CORRECTIONAL )
MEDICAL, and MENTAL HEALTH, )
Defendants. ;
ORDER
1. The plaintiff William F. Davis, III, SBI #162862, a
pgp 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. § l9l5(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
period immediately preceding the filing of the above-referenced
complaint. Based on the plaintiff’s submissions, his request to
proceed in fgrma 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

Case 1:05-cv-00067-SLR Document 4 Filed 03/07/2005 Page 2 of 4
fee of 20 percent (20%) of the greater 0f his average monthly
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 $1.36 for the six months preceding the filing
of the complaint. The plaintiff’s average monthly deposit is
$6.81 for the six months preceding the filing of the complaint.
Accordingly, the plaintiff is required to pay an initial partial
filing fee of $1.36, this amount being 20 percent (20%) of $6.81,
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 $1.36 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 PAYMENT 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 MDNETARY
RELIEF AGAINST A DEFENDANT WHO IS IMMUNE FROM SUCH RELIEF.
- 2

Case 1:05-cv-00067-SLR Document 4 Filed O3/07/2005 Page 3 of 4
5. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at the Howard R.
Young Correctional Institution, or at any prison at which the
plaintiff is or may be incarcerated, shall be required to deduct `
the $1.36 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 Howard R. Young 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 fgrmg pauperis in all future suits p
filed without prepayment of the filing fee, unless the Court
determines that the plaintiff is under imminent danger of serious
physical injury.
DATED: .3[7[05 9v~__»_y_
United Sta es District Judge
3
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Case1:05-cv-00067-SLR D0cument4 Filed 03/07/2005 Page40f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLIAM FREDERICK DAVIS, III, )
Plaintiff, g
v. ; Civ. No. 05-067-SLR
STATE OF DELAWARE, DEPARTMENT OF g
CORRECTION, RAPHAEL WILLIAMS, )
STAN TAYLOR, FIRST CORRECTIONAL )
MEDICAL, and MENTAL HEALTH, )
Defendants. ;
AUTHORIZATION
I, William Frederick Davis, III, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of $1.36 and the subsequent
payments pursuant to 28 U.S.C. § l9l5(b) and required by the
Court’s order dated iz , 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.
Date: , 2005.