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

Case 1:05-cv—OOO37—SLR Document 10 Filed O4/14/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
HARRY SAMUEL, )
Plaintiff, g
v. i Civ. No. 05-037-SLR
THOMAS CARROLL, LT. PORTER, g
COUNSELOR KRAMER, I.B.C.C. )
(THE CLASSIFICATION )
COMMITTEE), and DENTAL )
SERVICE, )
Defendants. 3
ORDER
1. The plaintiff Harry Samuel, SBI #201360, a oro ao
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 fo forma oauoeris without the
required certified copy of his prison trust fund account
statement pursuant to 28 U.S.C. § 19l5(a)(2).
2. On February 15, 2005, this Court ordered the
plaintiff to file a complete motion for leave to proceed fm forma
oauoeris and a complete 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 February 28, 2005 and March

Case 1:05-cv—00037—SLR Document 10 Filed 04/14/2005 Page 2 of 4
15, 2005.
3. In evaluating the plaintiff's account information
pursuant to 28 U.S.C. § 1915(b)(1), the Court has determined that
the plaintiff has an average account balance of $56.65 for the
six months preceding the filing of the complaint. The
plaintiff’s average monthly deposit is $59.23 for the six months
preceding the filing of the complaint. Accordingly, the
plaintiff is required to pay an initial partial filing fee of
$11.85, this amount being 20 percent (20%) of $59.23, 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 $11.85 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 MONETARY
RELIEF AGAINST A DEFENDANT WHO IS IMMUNE FROM SUCH RELIEF.
2

Case 1:05-cv—OOO37—SLR Document 10 Filed O4/14/2005 Page 3 of 4
4. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at the Delaware
Correctional Center, or at any prison at which the plaintiff is
or may be incarcerated, shall be required to deduct the $11.85
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
Delaware Correctional Center, 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. § 1915(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 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 serious
physical injury.
DATED: QL/Wig?
United State’ District Judge
3

Case 1:05-cv—OOO37—SLR Document 10 Filed O4/14/2005 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OE DELAWARE
HARRY SAMUEL, )
Plaintiff, g
v. g Civ. No. 05-037-SLR
THOMAS CARROLL, LT. PORTER, g
COUNSELOR KRAMER, I.B.C.C. )
(THE CLASSIFICATION )
COMMITTEE), and DENTAL )
SERVICE, )
Defendants. g
AUTHORIZATION
I, Harry Samuel, request and authorize the agency holding me
in custody to disburse to the Clerk of the Court the initial
partial filing fee of $11.85 and the subsequent payments pursuant
to 28 U.S.C. § l9l5(b) and required by the Court's order dated
fg , 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.