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


File Size: 49.6 kB
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Date: March 7, 2005
File Format: PDF
State: Delaware
Category: District Court of Delaware
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Case 1:05-cv-00066-JJF Document 5 Filed O3/07/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ANTHONY MICHAEL SMITH, )
Plaintiff, g
v. g Civ. No. 05-O66—JJF
DELAWARE DEPARTMENT OF g
CORRECTION, DR. ROBERTA )
BURNS, FIRST CORRECTIONAL )
MEDICAL, WARDEN RICK KEARNEY, }
and SUSSEX CORRECTIONAL )
INSTITUTION, )
Defendants. g
ORDER
1. The plaintiff Anthony Michael Smith, SBI #443971, a
ppg gg litiqant who is presently incarcerated, has filed this
action pursuant to 42 U.S.C. § 1983 and has requested leave to
proceed ig fgrma pauperis pursuant to 28 U.S.C. § 1915.
2. Based on the plaintiff's submissions, his request
to proceed ig fgrma pauperis is granted. Pursuant to 28 U.S.C. §
l915(b), the plaintiff shall be assessed the filing fee of
$250.00. 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

Case 1:05-cv-00066-JJF Document 5 Filed O3/07/2005 Page 2 of 3
authorization form allowing the agency having custody of him to
forward all payments required by 28 U.S.C. § l9l5(b)(2) to the
Clerk of the Court. FAILURE OF THE PLAINTIFF TO RETURN THE
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
further order of the Court, the Warden or other appropriate
official at the Sussex Correctional Institution, or at any prison
at which the plaintiff is or may be incarcerated, shall forward
payments from his account to the Clerk of the Court each time the
amount in the account exceeds $10.00 until the filing fee is
paid. 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 MONETARY RELIEF AGAINST A DEFENDANT WHO
IS IMMUNE 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 forma pauperis all future suits filed without
prepayment of the filing fee, unless the Court determines that
2

Case1:O5-cv-00066-JJF D0cument5 Filed O3/07/2005 Page30f3
plaintiff is under imminent danger of serious physical injury.
DATED: 7 0%/ . · _` c’?»0wa»-»
" _n ted t s Districtaéféd e
3