IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IVAN L. MENDEZ, )
Plaintiff, g
v. 3 Civil Action No. 08-364-JJF
RUTH MATRUDER SMYTHE, JANE g
DOE I, JANE DOE II, TIMOTHY ) ‘
L. HITCHINGS, AND PUBLIC )
DEFENDERS OFFICE OF DELAWARE, )
Defendants. g
ORDER
1. The plaintiff Ivan L. Mendez, SBI #453351, a oro 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. The plaintiff
filed his request to proceed fm forma pauperis without the
required certified copy of his prison trust fund account
statement pursuant to 28 U.S.C. § 1915(a)(2).
2. On July 14, 2008, this Court granted the plaintiff
leave to proceed fo forma pauperis 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 the required documents on July 29, 2008.
3. Based on the plaintiff’s submissions, the Court has
determined that the plaintiff has no assets and no means to pay
Case 1:08-cv-00364-JJF D0cument6 Filed 08/O1/2008 Page20f3
the initial partial filing fee, nevertheless, any money the
plaintiff later receives will be collected in the manner
described below.
4. The plaintiff shall, within thirty days from the
date this order is sent, complete and return to the Clerk of
Court, the attached authorization form allowing the agency having
custody of him to forward all payments required by 28 U.S.C. §
1915
THIRTY DAYS FROM THE DATE THIS ORDER IS SENT SHALL RESULT IN
DISMISSAL OF THIS ACTION.
5. The plaintiff shall be required to make monthly
payments of 20 percent (20%) of the preceding month's income
credited to the plaintiff’s prison trust account and absent
further order of the Court, 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 forward
payments from his account to the Clerk of the Court each time the
amount in the account exceeds $10.00 until the filing fee is
paid. 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
2
Case 1:08-cv-00364-JJF Document 6 Filed 08/O1/2008 Page 3 of 3
IS IMMUNE FROM SUCH RELIEF.
6. Pursuant to 28 U.S.C. § l9l5(g), if 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 plaintiff
leave to proceed in forma pauperis all future suits filed without
prepayment of the filing fee, unless the Court determines that
plaintiff is under imminent danger of serious physical injury.
DATED: Kn 9*905 `n.4_ ; A
Uni E Sta s istrict ge
3
Case 1:08-cv-00364-JJF Document 6-2 Filed 08/01/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IVAN L. MENDEZ, )
Plaintiff, g
v. g Civil Action No. 08-364-JJF
RUTH MATRUDER SMYTHE, JANE l
DOE I, JANE DOE II, TIMOTHY )
L. HITCHINGS, AND PUBLIC )
DEFENDERS OFFICE OF DELAWARE, )
Defendants. g
AUTHORIZATION
I, Ivan L. Mendez, SBI #453351, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court all 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.
Signature of Plaintiff
Case 1:08-cv-00364-JJF
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Document 6
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Document 6-2
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