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


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Date: June 4, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:08-cv-00294-JJF Document 4 Filed 06/O4/2008 Page1 0f3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
GUANGO FITZGERALD CORREA, )
Plaintiff, l
v. g Civil Action No. 08-294-JJF
STATE OF DELAWARE, g
ATTORNEY GENERAL OFFICER, )
STATE POLICE TROOP 3, AND )
DEPARTMENT OF CORRECTIONAL, )
Defendants. l
FILING FEE ORDER
1. The plaintiff Guango Correa, SBI #1108087, a oro oo
litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 without prepayment of the filing
fee.
2. Consistent with 28 U.S.C. § 1915(a)(1),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 rg forgo 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. 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 deoosits,
eroenditures and balances during the six—month period,
immediately preceding the filing of the complaint, obtained from

Case 1:08-cv-00294-JJF Document 4 Filed 06/04/2008 Page 2 of 3
the appropriate official at the institution at which the
plaintiff is confined. Additionally, the plaintiff shall provide
a signed copy of the complaint to the Clerk of Court. 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 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 MDNETARY
RELIEF AGAINST A DEFENDANT WHO IS IM UNE FROM SUCH RELIEF.
5. 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, then the Court shall deny
the plaintiff leave to proceed in fgrma pauperis in all future
suits filed without prepayment of the filing fee, unless the
2

Case 1:08-cv-00294-JJF Document 4 Filed 06/O4/2008 Page 3 of 3
Court determines that the plaintiff is under imminent danger of
serious physical injury.
DATED: lkyj A 0·<.4»;»·~
l Uni G• S a Distric Judge
3

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