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

Case 1:08-cv—00444-G|\/IS D0cument4 Filed 07/24/2008 Page1 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MILLARD E. PRICE, )
Plaintiff, )
v. ) Civil Action No. 08—444—GMS
WARDEN MICHAEL E. DELOY, )
Defendant. )
ORDER
1. The plaintiff Millard E. Price, SBI #441452, a pro
aa litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 and has requested leave to proceed
fa forma 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 filing fee; and (2) a certified
copy of his prison trust fund account statement for the two—month
period of incarceration immediately preceding the filing of the
above—referenced complaint. Based on the plaintiff's
submissions, his request to proceed fa forma pauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
1915(b)(1), the plaintiff shall be assessed the filing fee of
$350.00 and shall be required to pay an initial partial filing
fee of 20 percent (20%) of the greater of his average monthly
deposit or average monthly balance in the trust fund account.

Case 1:08-cv—00444-G|\/IS Document 4 Filed 07/24/2008 Page 2 of 4
4. In evaluating the plaintiff's account information,
the Court has determined that the plaintiff has an average
account balance of $115.35 for the two months of incarceration
preceding the filing of the complaint. The plaintiff’s average
monthly deposit is $62.66 for the two months preceding the filing
of the complaint. Accordingly, the plaintiff is required to pay
an initial partial filing fee of $23.07, this amount being 20
percent (20%) of $115.35, the greater of his average monthly
deposit and average daily balance in the trust fund account for
the two 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 $23.07
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 IM UNE FROM SUCH RELIEF.
5. Upon receipt of this order and the authorization
2

Case 1:08-cv—00444-G|\/IS Document 4 Filed 07/24/2008 Page 3 of 4
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 $23.07
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
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 plaintiff’s trust account and
forward that amount to the Clerk of the Court.
6. 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.
oATED &%J0O? q T - (
n e Stat s Di rict e
F I L E D
3
JUL 24 2008
u.s. DISTRICT COURT
DISTRICT OF DELAWARE

Case 1:08-cv—00444-G|\/IS Document 4 Filed 07/24/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MILLARD E. PRICE, )
Plaintiff, i
v. ; Civil Action No. 08—444—GMS
WARDEN MICHAEL E. DELOY, ;
Defendant. ;
AUTHORIZATION
I, Millard E. Price, SBI #44l452, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of $23.C7 and the subsequent
payments pursuant to 28 U.S.C. § l9l5(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 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: , 2008.


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