Free Order - District Court of Delaware - Delaware

Case 1:04-cv—01358-SLR Document 29 Filed 04/19/2007 Paget of 2
IN THE UNITED STATES DISTRICT COLIRT
FOR THE DISTRICT OF DELAWARE
JONATHAN MILTON MONK, )
Plaintiff, g
v. g Civil Action No. 04-1358-SLR
WARDEN RAFAEL WILLIAMS and g
PAM MINOR, )
Defendants. g
ORDER
WHEREAS, plaintiff, Jonathan Milton Monk, was a prisoner incarcerated within
the Delaware Department of Correction at the time he filed his complaint under 42
U.S.C. § 1983, along with an application to proceed in forma pauperis pursuant to 28
U.S.C. § 1915;
WHEREAS, on October 26, 2004, this court entered an order granting leave to
proceed in forma pauperis, requiring plaintiff to pay the $150.00 filing fee as determined
by statute, and requiring plaintiff to pay an initial partial filing fee of $7.20 (D.l. 4, 6);
WHEREAS, to date plaintiff has paid $36.05 towards the filing fee owed;
WHEREAS, on February 15, 2007, the court received plaintiffs change of
address indicating that he is no longer incarcerated;
WHEREAS, under the Prison Litigation Reform Act, release does not eliminate
the obligation of payment of a tiling fee that could and should have been met from the
trust account while imprisonment continued. Robbins v. Switzer, 104 F.3d 895, 899 (7"‘
Cir. 1997); E g Drayer v. Attorney General, Nos. 03-2517, 03-2518, 81 Fed.Appx.

Case 1:04-cv—01358-SLR Document 29 Filed 04/19/2007 Page 2 of 2
429 (3d. Cir. 2003).
THEREFORE, at Vlhlmlngton this l‘l+t~ day of April, 2007, IT IS HEREBY
ORDERED that within thirty days from the date of this order, plaintiff shall either pay the
balance of the filing fee owed ($113.95) or submit a new standard form application to
proceed without prepayment of fees and affidavit so the court may determine whether
he is still eligible to proceed in forma pauperis.
NOTE: Failure to timely comply with this order shall result in dismissal of
this case without prejudice.
UNITED STATES é|STRICT JUDGE
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