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

Case 1:08-cv-00243-JJF Document 8 Filed 06/24/2008 Page1 0f4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
1vAN L. MENDEZ, )
Plaintiff, g
v. 3 Civil Action No. 08-243-JJF
LATISHA M. REED, g
Defendant. 3
ORDER
1. The plaintiff Ivan L. Mendez, SBI #453351, a pro
aa litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 and has requested leave to proceed
fa forma oauoeris pursuant to 28 U.S.C. § 1915. The plaintiff
filed his request to proceed fa forma oauperis without the
required certified copy of his prison trust fund account
statement pursuant to 28 U.S.C. § 1915(a)(2).
2. On May 19, 2008, this Court granted the plaintiff
leave to proceed fa forma pauoeris and ordered the plaintiff to
provide a certified copy of his prison trust fund account
statement for the six-month period immediately preceding the
filing of the above—referenced complaint. The plaintiff
submitted the required documents on May 28, 2008.
3. Based on the plaintiff's submissions, the Court
has determined that the plaintiff has no assets and no means to

Case 1:08-cv-00243-JJF Document 8 Filed 06/24/2008 Page 2 of 4
pay the initial partial filing fee, nevertheless, any money the
plaintiff later receives will be collected in the manner
described below.
4. The plaintiff shall, within thirty days from the
date this order is sent, complete and return to the Clerk of
Court, the attached authorization form allowing the agency
having custody of him to forward all payments required by 28
U.S.C. § l9l5(b)(2) to the Clerk of the Court. FAILURE OF THE
PLAINTIFF TO RETURN THE AUTHORIZATION FORM TO THE CLERK OF COURT
WITHIN THIRTY DAYS FROM THE DATE THIS ORDER IS SENT SHALL RESULT
IN DISMISSAL OF THIS ACTION.
5. The plaintiff shall be required to make monthly
payments of 20 percent (20%) of the preceding month's income
credited to the plaintiff’s prison trust account and absent
further order of the Court, the Warden or other appropriate
official at Delaware Correctional Center, or at any prison at
which the plaintiff is or may be incarcerated, shall forward
payments from his account to the Clerk of the Court each time
the amount in the account exceeds $10.00 until the filing fee is
paid. 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
2

Case 1:08-cv-00243-JJF Document 8 Filed 06/24/2008 Page 3 of 4
DEFENDANT WHO IS IMMUNE FROM SUCH RELIEF.
6. Pursuant to 28 U.S.C. § 1915(9), if 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 plaintiff
leave to proceed in forma pauperis all future suits filed
without prepayment of the filing fee, unless the Court
determines that plaintiff is under imminent danger of serious
physical injury.
\ \
DATED; W !1Y 1;.., ` ’ - t 2;
Uni Sta es Q strict J e
3

Case 1:08-cv-00243-JJF Document 8 Filed 06/24/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IVAN L. MENDEZ, )
Plaintiff, l
v. l Civil Action No. 08-243-JJF
LATISHA M. REED, l
Defendants. l
AUTHORIZATION
I, Ivan L. Mendez, SBI #453351 request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court all payments pursuant to 28 U.S.C. § l915(b) and required
by the Court’s order dated , 2008.
This authorization is furnished to the Clerk of Court in
connection with the filing of a civil action, and I understand
that the filing fee for the 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.
Signature of Plaintiff

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