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

Case 1:05-cv-00044-KAJ Document 7 Filed 04/12/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLIAM K. PHILHOWER, )
Plaintiff, g
v. g Civ. No. 05-044-KAJ
CAROLE J. DUNN, and LAWRENCE g
M. SULLIVAN, )
Defendants. ;
ORDER
1. The plaintiff William K. Philhower, SBI #101781, a
oro aa litigant who is presently incarcerated, has filed this
action pursuant to 42 U.S.C. § 1983 and has requested leave to
proceed fo forma oauoeris pursuant to 28 U.S.C. § 1915. The
plaintiff filed his request to proceed fa forma pauoeris without
the required certified copy of his prison trust fund account
statement pursuant to 28 U.S.C. § l915(a)(2).
2. On February 15, 2005, this Court granted the
plaintiff leave to proceed fo forma oauperis and ordered the
plaintiff to provide a certified copy of his prison trust fund
account statement for the six—month period immediately preceding
the filing of the above—referenced complaint. The plaintiff
submitted the required documents on March 21, 2005.
3. In evaluating the plaintiff’s account information
pursuant to 28 U.S.C. § 1915(b)(l), the Court has determined that

Case 1:05-cv-00044-KAJ Document 7 Filed 04/12/2005 Page 2 of 4
the plaintiff has an average daily account balance of $24.72 for
the six months preceding the filing of the complaint. The
plaintiff’s average monthly deposit is $169.33 for the six months
preceding the filing of the complaint. Accordingly, the
plaintiff is required to pay an initial partial filing fee of
$33.87, this amount being 20 percent (20%) of $169.33, 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 $33.87 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.
4. 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
2

Case 1:05-cv-00044-KAJ Document7 Filed 04/12/2005 Page3of4
plaintiff is or may be incarcerated, shall be required to deduct
the $33.87 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.
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, the Court shall deny the
plaintiff leave to proceed in fgrma pauperis in all future suits
filed without prepayment of the filing fee, unless the Court
determines that the plaintiff is under imminent danger of serious
physical injury.
s as J ° if f A »
DATED: ¤‘// { ’~’¤/1 _
United States Dist ict Judge t
3

Case 1:05-cv-00044-KAJ Document 7 Filed 04/12/2005 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WILLIAM K. PHILHOWER, )
Plaintiff, g
v. 5 Civ. No. 05-044-KAJ
CAROLE J. DUNN, and LAWRENCE g
M. SULLIVAN, )
Defendants. g
AUTHORIZATION
I, William K. Philhower, request and authorize the agency
holding me in custody to disburse to the Clerk of the Court the
initial partial filing fee of $33.87 and the subsequent payments
pursuant to 28 U.S.C. § l9l5(b) and required by the Court's order
dated , 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.