Free Order (PLRA) for Pay Authorization - District Court of Delaware - Delaware

Case 1:08-cv-00311-SLR Document 7 Filed 06/10/2008 Page1 of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KENNETH R. ABRAHAM, )
Plaintiff, g
v. g Civ. No. 08-311-SLR
COMMISSIONER CARL DANBERG, g
WARDEN PHELPS, DEPARTMENT )
OF CORRECTIONS, MICHAEL BRYAN, )
AND PATRICK SMITH, )
Defendants. g
ORDER
1. The plaintiff Kenneth R. Abraham, SBI #173040, a gg E Iitigant who
is presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and has
requested leave to proceed Q grla pauperis pursuant to 28 U.S.C. § 1915.
2. Consistent with 28 U.S.C. § 1915(a)(1) and (2), the plaintiff has
submitted: (1) an affidavit stating that he has no assets with which to prepay the tiling
fee; and (2) a certified copy of his prison trust fund account statement for the six—month
period immediately preceding the filing of the above-referenced complaint. Based on
the plaintiff’s submissions, his request to proceed m pauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. § 1915(b)(1), the
plaintiff shall be assessed the filing fee of $350.00 and shall be required to pay an iriitial
partial filing fee of 20 percent (20%) of the greater of his average monthly deposit or
average monthly balance in the trust fund account.
4. In evaluating the pIaintiff’s account information, the Court has
determined that the plaintiff has an average account balance of $9.12 for the six

Case 1:08-cv-00311-SLR Document 7 Filed 06/10/2008 Page 2 of 4
months preceding the filing of the complaint. The plaintiffs average monthly deposit is
$16.67 for the six months preceding the filing of the complaint. Accordingly, the plaintiff
is required to pay an initial partial filing fee of $3.34, this amount being 20 percent
(20%) of $16.67, the greater of his average monthly deposit and average daily balance
in the trust fund account for the six months preceding the filing of the complaint.
Therefore, the plaintiff shall, within thirty days from the date this order is sent,
complete and return the attached authorization form allowing the agency having
custody of him to forward the $3.34 initial partial filing fee and subsequent
payments to the Clerk of the Court. FAILURE OF THE PLAIN'l'IFF TO RE'I'URN
THE AUTHORIZATION FORM WITHIN 30 DAYS FROM THE DATE '|'HIS ORDER IS
SENT SHALL RESULT IN DISMISSAL OF THIS ACTION WITHOUT PREJUDICE.
NOTWI'I'HSTANDING ANY PAYMENT MADE OR REQUIRED, THE COURT SHALL
DISMISS THE CASE IF THE COURT DETERMINES 'I'HAT 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. Upon receipt of this order and the authorization form, the Warden or
other appropriate official at Delaware Correctional Center, or at any prison at which the
plaintiff is or may be incarcerated, shall be required to deduct the $3.34 initial partial
tiling fee from the plaintiffs trust account, when such funds become available, and
forward that amount to the Clerk of the Court. Thereafter, absent further order of the
Court, each time that the balance in plaintiffs trust account exceeds $10.00, the
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Case 1:08-cv-00311-SLR Document 7 Filed 06/10/2008 Page 3 of 4
Warden or other appropriate official at Delaware Correctional Center, or at any prison at
which the plaintiff is or may be incarcerated, shall be required to make monthly
payments of 20 percent (20%) of the preceding month’s income credited to the
plaintiffs trust account and forward that amount to the Clerk of the Court.
6. 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, the Court shall deny the
plaintiff leave to proceed Q _1f<@ 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; 0 //0 /03/
United States istrict Judge
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Case 1:08-cv-00311-SLR Document 7 Filed 06/10/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KENNE'l'H R. ABRAHAM, )
Plaintiff, g
v. g Civ. No. 08-311-SLR
COMMISSIONER CARL DANBERG, g
WARDEN PHELPS, DEPARTMENT OF)
CORRECTIONS, MICHAEL BRYAN, )
AND PATRICK SMITH, )
Defendants. g
AUTHORIZATION
I, Kenneth R. Abraham, SBI #173040, request and authorize the agency holding
me in custody to disburse to the Clerk ofthe Court the initial partial tiling fee of $3.34
and the subsequent payments pursuant to 28 U.S.C. § 1915(b) and required by the
Court’s order dated , 2008.
This authorization is furnished to the Clerk of Court in connection with the filing
ofa civil action, and I understand that the filing fee forthe 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.


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