Free Order (PLRA) Assessment Removed - District Court of Delaware - Delaware


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Date: August 9, 2005
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State: Delaware
Category: District Court of Delaware
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Case 1:05-cv—OOO65—SLR Document 9 Filed 08/O9/2005 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT SMITH, )
Plaintiff, g
v. g Civ. No. 05-065-SLR
DWIGHT HOLDEN, JOHN MUELLER, g
and KEVIN MARSHALL, )
Defendants. g
ORDER
WHEREAS, the plaintiff filed a civil rights action
pursuant to 42 U.S.C. § 1983 without prepayment of the filing
fee;
WHEREAS, on April 19, 2005, this Court entered an order
granting leave to proceed ig_fgrma pauperis and requiring the
plaintiff to complete and return an authorization form (D.I.
6) ;
WHEREAS, on April 19, 2005, the order was mailed to the
plaintiff at the Howard R. Young Correctional Institution, where
the plaintiff indicated he was incarcerated:
WHEREAS, on May 2, 2005, the order was returned to the
court as undeliverable;
WHEREAS, the plaintiff apparently has been released
from custody and has failed to inform the court of his new
address and no action has been taken in this matter for a period

Case 1:05-cv—OOO65—SLR Document 9 Filed 08/O9/2005 Page 2 of 2
of at least three months;
THEREFORE, at Wilmington this,Qg,day of jLg6&Eg_, 2005,
IT IS HEREBY ORDERED that the plaintiff’s complaint is DISMISSED
WITHOUT PREJUDICE pursuant to D. Del. L.R. 4l.l (1995).
Plaintiff is not required to pay any previously assessed fees or
the $l50.00 filing fee.
United Stages District Judge
2