Document 5
Filed 07/24/2008
Page 1 of 4
NOTlCE OF APPEAL
TO U.S. COURT Of APPEALS, THIRD CtRCtlT
V.S. District Court for the District of Delaware
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to the United States Court of .-\ppeals for the Thlrd ([r(ult from [ ] JuCg:;L,~rlt. [ ] Or;:e~.
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entered in this action Dated:
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(Name of Counsel- T~lled) (Address)
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(Tdephone Numbcr)
(Tckphone Number)
NOTE: USE ADDITIONAL SHEETS if "II appellants aodJor all counsel for appeUeej canoot be li3teu on the Notice of Appeal 3hcet.
Case 1:08-cv-00356-JJF
Case 1:08-cv-00356-JJF
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Docurnent 4
Filed 07/24/2008
Filed 06/26/2008
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IN-'HE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE GUANGO FITZGERALD CORREA,
PlaintiiL,
v.
STATE OF DELAWARE i\TTORN1
STATE POLICE TROOP 3,
DEPARTMENT OF CORRI
Civil Action No.
08-356-JJF
Defendan1s. FILING FEE ORDER
1.
The plaint
QLQ Sf:
i[
f
Guango Fi tzgerald Correa, S81
#0018087, a
litigilrlL who is presently incarcerated, has
filed this action rursuanL to 42 U.S.C. § 1983 without prepayment of the filing fee. 2. Consistent '..JLth 28 U.S.C.
§
1915(a) (1) ,the
plaintiff submitted an aIILdavit stating that he has no assets with which to prcpclY the (Lling fee. Based on the plaintiff's
affidavit, his request to proceed .!-IJ. forma pauperis is granted. 3. 1915 (b) (1), $350.00. Notw thstanding the above, pursuant to 28 U.S.C. § the pLiintifI shall be assessed the filing fee of
In order to de\'rmine the schedule of payment of the the plclintifI shall submit to the Clerk of Court, a (memorandum or
filing fee,
certified copy of his tru.:t fund account statement institutional equialent, with attachments)
showing all deposits,
expenditures and ba.lances during the six-:nonth period,
Case 1:08-cv-00356-JJF
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Document 4
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Filed 06/26/2008
Page 3 of 4
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irrunediately precedlng 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.
Unle~;s
the Court determines from the plaintiff's an
financial information thai. he has no assets whatsoever, initial partial filing fc; of 20 percent
(20%)
of the greater of
the plaintiff's i.lVl:rage n,unthly deposit or average monthly balance in the trust fund account shall be required to be paid before the court reviews the complaint.
NOTWITHSTANDING ANY
PAYMENT 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 MONETARY RELIEF AGAINST A DEFENDANT WHO IS IMMUNE FROM SUCH RELIEF.
5. Pursuant to 28 U.S.C.
§
19l5(g),
if the plaintiff
has had three or mere ac1.;ons dismissed by the Court on the grounds that they were frivolous, malicious, or failed to state a
claim upon which relief mil\! be granted, then the Court shall deny the plaintiff leave to prcceed in forma pauperis in all future suits filed without prepClyrnent of the filing fee, unless the
Court determines that the plaintiff is under irruninent danger of serious physical j;jury.
DATED:
r
Q..Co ( 2.oc::tt
Un
2
Case 1:08-cv-00356-JJF
Document 5
Filed 07/24/2008
Page 4 of 4
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Case 1:08-cv-00356-JJF
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Filed 07/24/2008
Page 1 of 1
OFFICE OF THE CLERK
MARCIA M. WALDRON
CLERK
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT 21400 UNITED STATES COURTHOUSE 601 MARKET STREET PHILADELPHIA 19106-1790
TELEPHONE 215-597-2995
July 24, 2008 Peter T. Dalleo, Clerk United States District Court J. Caleb Boggs Federal Building Lockbox 18 844 King Street Wilmington, DE 19801-3570 Re: Correa v. State of Delaware D. Del. No. 08-cv-00356 Dear Mr. Dalleo: Pursuant to Rule 4(d), Federal Rules of Appellate Procedure, and Rule 3.4, Third Circuit Local Appellate Rules, we are forwarding the attached notice of appeal from the District Court order entered 6/26/08 which was filed with this office in error. See Rule 3(a)(1), Federal Rules of Appellate Procedure and Rule 3.4, Third Circuit Local Appellate Rules. The notice was placed in institutional mail on 7/15/08 and should be docketed as of that date. This document is being forwarded solely to protect the litigant's right to appeal as required by the Federal Rules of Appellate Procedure and Rule 3.4, Third Circuit Local Appellate Rules. Upon receipt of the document, kindly process it according to your Court's normal procedures. If your office has already received the same document, please disregard the enclosed copy to prevent duplication. Pursuant to Rule 3(a)(1), Federal Rules of Appellate Procedure, a notice of appeal must be filed with the Clerk of the District Court. This Court may not act on an appeal until the notice has been docketed in the District Court and certified to this Court by the District Court Clerk. Thank you for your assistance in this matter. Very truly yours, Marcia M. Waldron, Clerk By: /s/ Laura L. Davis Deputy Clerk Enclosure cc: Mr. Guango Correa (w/out enclosure)
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