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

Case 1 :08-cv-00482-SLR Document 4 Filed 08/20/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MICHAEL HENRY, )
Plaintiff, g
v. g Civ. No. 08-482-SLR
THOMAS D. DONOVAN, g
Defendant. g
O R D E R
1. The plaintiff Michael Henry, SBI #582000, a go g litigant who is
presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and has
requested leave to proceed in f@a pauperis pursuant to 28 U.S.C. § 1915.
2. Consistent with 28 U.S.C. § 1915(a)(1) and (2), the plaintiff has
submitted: (1) an affidavit stating that he has no assets with which to prepay the tiling
fee; and (2) a certitied copy of his prison trust fund account statement for the six-month
period immediately preceding the tiling of the above-referenced complaint. Based on
the plaintiffs submissions, his request to proceed m fgrma pauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. § 1915(b)(1), the
plaintiff shall be assessed the tiling fee of $350.00 and shall be required to pay an initial
partial tiling fee of 20 percent (20%) of the greater of his average monthly deposit or
average monthly balance in the trust fund account.
4. In evaluating the plaintiffs account information, the Court has
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Case 1:08-cv-00482-SLR Document 4 Filed 08/20/2008 Page 2 of 4
determined that the plaintiff has an average account balance of $22.90 for the six
months preceding the tiling of the complaint. The plaintiffs average monthly deposit is
$69.16 for the six months preceding the filing of the complaint. Accordingly, the plaintiff
is required to pay an initial partial filing fee of $13.83, this amount being 20 percent
(20%) of $69.16, 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 $13.83 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.
5. Upon receipt of this order and the authorization form, the Warden or
other appropriate official at James T. Vaughn Correctional Center, or at any prison at
which the plaintiff is or may be incarcerated, shall be required to deduct the $13.83
initial partial filing fee from the plaintiffs trust account, when such funds become
available, and forward that amount to the Clerk of the Court. Thereafter, absent further
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Case 1:08-cv-00482-SLR Document 4 Filed 08/20/2008 Page 3 of 4
order of the Court, each time that the balance in plaintiffs trust account exceeds
$10.00, the Warden or other appropriate ofhcial at James T. Vaughn 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 plaintiffs 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 m Karma 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: xpuloi gu ,»_j_K gdb , L. g
United Stat District Judge
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Case 1:08-cv-00482-SLR Document 4 Filed 08/20/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
y FOR THE DISTRICT OF DELAWARE
MICHAEL HENRY, )
Plaintiff, g
v. ; Civ. No. 08—482—SLR
THOMAS D. DONOVAN, g
Defendant. g
AU'I'HOR|ZAT|ON
I, Michael Henry, SBI #582000, request and authorize the agency holding me in
custody to disburse to the Clerk of the Court the initial partial tiling fee of $13.83 and the
subsequent payments pursuant to 28 U.S.C. § 1915(b) and required by the Court’s
order dated , 2008.
This authorization is furnished to the Clerk of Court in connection with the filing
of a civil action, and I understand that the filing fee for the complaint is $350.00. I also
understand that the entire tiling 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: , 2008.


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