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


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Date: July 10, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:08-cv-00404-JJF Document 4 Filed 07/10/2008 Page1 0f3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOSHUA STEPHENSON, )
Plaintiff, )
v. ) Civil Action N0. 08-404-JJF
JOSEPH BIDEN, III, )
SEAN LEVAN, AND COWORKERS )
mvofvsn, )
Defendants. )
ORDER
I. The plaintiff Joshua Stephenson, SBI #449406, a pro
aa litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 without prepayment of the filing
fee, or a fully completed or signed request to proceed fo forma
pauperis, or prison trust account statement.
2. Pursuant to 28 U.S.C. § 19I5(b), the plaintiff
shall be assessed the filing fee of $350.00.
3. Pursuant to the requirements of 28 U.S.C.
§ l9l5(a)(I) and (2), and in order to determine the schedule of
payment of the filing fee, the plaintiff shall submit to the
Clerk of Court, a fully completed and signed request to proceed
fo forma pauperis, and a certified copy of his prison trust fund
account statement (memorandum or institutional equivalent, with
attachments) showing all deposits, expenditures and balances

Case 1:08-cv-00404-JJF Document 4 Filed 07/10/2008 Page 2 of 3
during the six—month period immediately preceding the filing of
the complaint, obtained from the appropriate official at each
institution at which the plaintiff is confined. FAILURE OF THE
PLAINTIFF TO RETURN THE REQUESTED INFORMATION WITHIN 30 DAYS FROM
THE DATE THIS ORDER IS SENT SHALL RESULT IN DISMISSAL OF THIS
ACTION WITHOUT PREJUDICE.
4. Unless the Court determines from the plaintiff’s
financial information that he has no assets whatsoever, an
initial partial filing fee of 20 percent (20%) of the greater of
the plaintiff’s 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
MDNETARY RELIEF AGAINST A DEFENDANT WHO IS IMMUNE FROM SUCH
RELIEF.
5. 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, then the Court shall deny
the plaintiff leave to proceed in forma pauperis in all future
suits filed without prepayment of the filing fee, unless the
Court determines that the plaintiff is under imminent danger of
2

Case 1:08-cv-00404-JJF Document 4 Filed 07/10/2008 Page 3 of 3
serious physical injury.
Q-¢A»¤·s
DATED: 2»O&§ UnE§ed Skaggs Distriég Judge
3

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