Free Order (PLRA) Missing Documents - District Court of Delaware - Delaware

Case 1:08-cv-00433-SLR Document 4 Filed 07/28/2008 Paget of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MICHAEL S. RIEGO, )
Plaintiff, g
v. g Civ. No. 08-433-SLR
THOMAS CARROLL, STAN TAYLOR, g
ELIZABE`l'H BURRIS, PERRY )
PHELPS, CARL DANBERG, )
Defendants. ;
O R D E R
1. The plaintiff Michael S. Riego, SBI #350529, a gg g Iitigant who is
presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and has
requested leave to proceed Q @1; pauperis.
2. Pursuant to 28 U.S.C. § 1915(b), the plaintiff shall be assessed the
filing fee of $350.00.
3. Pursuant to the requirements of 28 U.S.C.
§ 1915(a)(1) and (2), and in order to determine the schedule of payment of the tiling
fee, the plaintiff shall submit to the Clerk of Court, a certified copy of his prison trust
fund account statement(memorandum or institutional equivalent, with attachments)
showing all deposits, expenditures and balances during the six-month period
immediately preceding the filing of the complaint, obtained from the appropriate
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Case 1:08-cv-00433-SLR Document 4 Filed 07/28/2008 Page 2 of 2
official at each institution at which the plaintiff is confined. The trust fund account
statement submitted by plaintiff shows only the transactions through December 2007.
FAILURE OF THE PLAINTIFF TO RETURN THE REQUESTED INFORMATION
WITHIN 30 DAYS FROM THE DATE 'I'HIS ORDER IS SENT SHALL RESULT IN
DISMISSAL OF THIS ACTION WITHOUT PREJUDICE.
4. Unless the Court determines from the plaintiffs financial information
that he has no assets whatsoever, an initial partial filing fee of 20 percent (20%) ofthe
greater of the plaintiffs average monthly deposit or average monthly balance in the trust
fund account shall be required to paid before the court reviews the complaint.
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. 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, then the Court shall deny the
plaintiff leave to proceed Q ga 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: 7 ]J·X}0X
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