Free Order - District Court of Delaware - Delaware

Case 1:08-cv-00226-SLR Document 7 Filed 06/06/2008 Paget of2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DANIEL ECKSTORM, SR., )
Plaintiff, g
v. g Civ. No. 08-226-SLR
MONICA THOMPSON, g
Defendant. g
ORDER
WHEREAS, plaintiff, Daniel Eckstorm, Sr., was a prisoner incarcerated at the
Sussex Correctional Institution at the time he filed his complaint under 42 U.S.C. §
1983, along with an application to proceed in forma pauperis pursuant to 28 U.S.C. §
1915;
WHEREAS, on May 6, 2008, this court entered an order granting leave to
proceed in forma pauperis, and requiring plaintiff to pay the $350.00 tiling fee as
determined by statute;
WHEREAS, on May 13, 2008, the court was notihed that plaintiff is no longer
incarcerated;
WHEREAS, under the Prison Litigation Reform Act, release does not eliminate
the obligation of payment of a filing fee that could and should have been met from the
trust account while imprisonment continued. Robbins v. Switzer, 104 F.3d 895, 899 (7"‘
Cir. 1997); segg Drayer v. Attorney General, Nos. 03-2517, 03-2518, 81 Fed. Appx.
429 (3d Cir. 2003).

Case 1:08-cv-00226-SLR Document 7 Filed 06/06/2008 Page 2 of 2
THEREFORE, at Wilmington this L]-fh day ofJune, 2008, IT IS HEREBY
ORDERED that within thirty days from the date of this order, plaintiff shall either pay the
filing fee owed ($350.00) or submit a new standard form application to proceed without
prepayment of fees and affidavit so the court may determine whether he is still eligible
to proceed in forma pauperis.
NOTE: Failure to timely comply with this order shall result in dismissal of
this case without prejudice.
UNITED STAT% DISTRICT JUDGE
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Case 1:08-cv-00226-SLR

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Case 1:08-cv-00226-SLR

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