Free Order (PLRA) No Funds - District Court of Delaware - Delaware

Case 1:05-cv—OOO65—SLR Document 6 Filed O4/19/2005 Page1 of 3
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
l. The plaintiff Robert Smith, SBI #150422, a pro gg
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. § l9l5.
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. 1
3. The plaintiff shall, within thirty days from the
date this order is sent, complete and return the attached i
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 i
I
A

Case 1:05-cv—0OO65—SLR Document 6 Filed O4/19/2005 Page 2 of 3
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 Howard R. Young 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 $l0.00 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 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 forma pauperis all future suits filed without
prepayment of the filing fee, unless the Court determines that
plaintiff is under imminent danger of serious physical injury.
DATED: #[16 {D5 gggag
United State District Judge

Case 1:05-cv—OOO65—SLR Document 6 Filed O4/19/2005 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT SMITH, )
Plaintiff, ;
v. g Civ. N0. 05-065-SLR
DWIGHT HOLDEN, JOHN MUELLER, 5
and KEVIN MARSHALL, )
Defendants. g
AUTHORIZATION
I, Robert Smith, SEI #150422, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court all payments pursuant to 28 U.S.C. § l9l5(b) and required
by the Court’s order dated ‘§g@£{ (/ , 2005.
This authorization is furn!\hed 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.