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

Case 1:08-cv-00364-JJF Document 4 Filed 07/14/2008 Page1 0f2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IVAN L. MENDEZ, )
Plaintiff, g
v. g Civil Action No. O8—364—JJF
RUTH MATRUDER SMYTHE, JANE ;
DOE I, JANE DOE II, TIMOTHY )
L. HITCHINGS, AND PUBLIC )
DEFENDERS OFFICE OF DELAWARE, )
Defendants. ;
FILING FEE ORDER
l. The plaintiff Ivan L. Mendez, SBI #45335l, a pgp sg
litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § l983 without prepayment of the filing
fee.
2. Consistent with 28 U.S.C. § l9l5(a)(l),the
plaintiff submitted an affidavit stating that he has no assets
with which to prepay the filing fee. Based on the plaintiff’s
affidavit, his request to proceed ig fprma pauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
l9I5(b)(l), the plaintiff shall be assessed the filing fee of
$350.00. In order to determine the schedule of payment of the
filing fee, the plaintiff shall submit to the Clerk of Court, a
certified copy of his trust fund account statement (memorandum or
institutional equivalent, with attachments) showing all deposits,
expenditures and balances during the six—month period,

Case 1:08-cv-00364-JJF Document 4 Filed 07/14/2008 Page 2 of 2
immediately preceding the filing of the complaint, obtained from
the appropriate official at the 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 2O 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 be paid
before the court reviews the complaint. NOTWITHSTANDING ANY
PAYM NT MADE, 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
serious physical injury.
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DATED: I Lf I ZOO 5 A.LZ$..Ai•‘ • B. .4..·, `-
Uni ng Sta es istrict ' •g·
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Case 1:08-cv-00364-JJF

Document 4

Filed 07/14/2008

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Case 1:08-cv-00364-JJF

Document 4

Filed 07/14/2008

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