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Case 1:05-cv-00064-KAJ Document 5 Filed 03/21/2005 Page 1 of 4
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. Case 1:05-cv-00064-KAJ D0cument5 Filed 03/21/2005 Page20f4
IN THE UNITED STATES DISTRICT counts
FOR THE DISTRICT OF DELAWARE E%géé§;*8 AH'O’]U
CHARLES RONALD JOHNSON, )
Plaintiff, g
v. g Civ. No. 05-064-KAJ
STATE OF DELAWARE DEPARTMENT g
OF CORRECTION, )
Defendant. g
FILING FEE ORDER
1. The plaintiff Charles Ronald Johnson, SBI #113218, .
a prg sg litigant who is presently incarcerated, has filed this I
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 fgrma paugeris
is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
l9l5(b)(1), 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 certified copy of his
trust fund account statement (or institutional equivalent) 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 i
initial partial filing fee of 20 percent (20%) of the greater of
the plaintiff’s average monthly deposit or average monthly n
balance in the trust fund account shall be required to be paid i
before the court reviews the complaint. NOTWITHSTANDING ANY L
PAYMENT MADE, THE COURT SHALL DISMISS THE CASE IF THE COURT l
DETERMINES THAT THE ACTION IS FRIVOLOUS OR MALICIOUS, FAILS TO t
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 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
2

. Case1:05-cv-00064-KAJ D0cument5 Filed 03/21/2005 Page40f4
serious physical injury.
C
I ek /
DATED: ‘ 62/...-
_nited Sta trict Judge
3