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

Case 1:08-cv-00279-JJF Document 4 Filed 05/23/2008 Page1 of3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JOSHUA STEPHENSON, )
)
Plaintiff, )
)
v. ) Civil Action No. 08-279-JJF
)
C/O SEAN LEVAN, )
C/O GLEN WOODARD, )
C/O COLLEN BELL, )
C/O COURTNEY RIVERA A, )
C/O CAROLYN ALLEN, )
C/O SGT. CROPPER, )
C/O BOBBI LOMAS, )
OTHER COWORKER, )
)
Defendants. )
ORDER
l. The plaintiff Joshua Stephenson, SBI #449406, a pro
se litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § l983 without prepayment of the filing
fee, or a fully completed or signed request to proceed in forma
pauperis, or prison trust account statement.
2. Pursuant to 28 U.S.C. § l9l5(b), the plaintiff
shall be assessed the filing fee of $350.00.
3. Pursuant to the requirements of 28 U.S.C.
§ l9l5(a)(l) and (2), and in order to determine the schedule of
payment of the filing fee, the plaintiff shall submit to the
Clerk of Court, a fully completed and signed request to proceed
in forma pauperis, and a certified copy of his grison trust fund

Case 1:08-cv-00279-JJF Document 4 Filed 05/23/2008 Page 2 of 3
account statement (memorandum or institutional equivalent, with
attachments) showing all deposits, expenditures and balances
during the six—month period immediately preceding the filing of
the complaint, obtained from the appropriate official at each
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 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 paid
before the court reviews the complaint. 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
MONETARY 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
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Case 1:08-cv-00279-JJF D0cument4 Filed 05/23/2008 Page30f3
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.

DATED: }’V\¢#®3~3(?·&>? Uné%¥d sggg Distr1cE§91Sge
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