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

Case 1:04-cv-00841-JJF Document 11 Filed 10/05/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DEVEARL L. BACON )
Plaintiff, )
v. g Civil Action No. 04-841 JJF
)
)
)
EDMUND M. HILLIS and ANGELO )
FALASCA )
Defendants. )
ORDER
1. The plaintiff Devearl L. Bacon, SBI #221242, a prg
ge litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 and has requested leave to proceed
in forma pauperis pursuant to 28 U.S.C. § 1915. The plaintiff
filed his request to proceed in fgrma pauperis without the
required certified copy of his prison trust fund account
statement pursuant to 28 U.S.C. § 1915(a)(2).
2. On 7/29/2004, this Court granted the plaintiff
leave to proceed in forma pauperis, assessed the filing fee of
$150.00, 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 incomplete information on his
trust account statement received on 8/23/2004.
3. On 9/8/2004, this Court ordered that a complete
certified copy of the trust account summary be filed by

Case 1:04-cv-00841-JJF Document 11 Filed 10/05/2005 Page 2 of 3
l0/8/2004. The required documents were received on 9/27/2004.
4. In evaluating the plaintiff’s account information
pursuant to 28 U.S.C. § l915(b)(1), the Court has determined that
l the plaintiff has an average account balance of $18.35 for the
six months preceding the filing of the complaint. The
plaintiff's average monthly deposit is $37.50 for the six months
preceding the filing of the complaint. Accordingly, the
plaintiff is required to pay an initial partial filing fee of
$7.50, this amount being 2O percent (20%) of $37.50, 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 $7.50 initial partial filing fee and
subsequent payments to the Cl%kk 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.
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Case 1:04-cv-00841-JJF Documk ant 11 Filed 10/05/2005 Page 3 013
5. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at Delaware
Correctional Center, or at any prison at which the plaintiff is
or may be incarcerated, shall be required to deduct the $7.50
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
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.
6. 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 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.
DATED: 1 ""’ll‘`§ ‘
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