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

Case 1:08-cv-00226-SLR Document 4 Filed 05/06/2008 Paget of4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DANIEL ECKSTROM, SR., )
Plaintiff, g
v. )Civ. No. 08-226-SLR
MONICA THOMPSON, )
Defendant. g
O R D E R
1. The plaintiff Daniel Eckstrom, Sr., SBI #381530, a ry sg Iitigant who is
presently incarcerated, has filed this action pursuant to 42 U.S.C. § 1983 and has
requested leave to proceed Q 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 filing
fee; and (2) a certified copy of his prison trust fund account statement for the 35 day
period immediately preceding the filing of the above-referenced complaint. Based on
the plaintiffs submissions, his request to proceed Q 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 initial
partial filing fee of 20 percent (20%) ofthe greater of his average monthly deposit or
average monthly balance in the trust fund account.
4. In evaluating the plaintiffs account information, the Court has
determined that the plaintiff has an average account balance of $1.55 for the 35 days

Case 1:08-cv-00226-SLR Document 4 Filed 05/06/2008 Page 2 of 4
preceding the tiling ofthe complaint. The plaintiffs average monthly deposit is $25.00
for the month preceding the filing ofthe complaint. Accordingly, the plaintiff is required
to pay an initial partial filing fee of $5.00, this amount being 20 percent (20%) of $25.00,
the greater of his average monthly deposit and average daily balance in the trust fund
account for the 35 day period 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 $5.00 initial partial filing fee and subsequent payments tothe Clerk
ofthe Court. FAILURE OF THE PLAINTIFF TO RETURN THE AU`I'HORIZA'I'ION
FORM WITHIN 30 DAYS FROM THE DATE THIS ORDER IS SENT SHALL RESULT
IN DISMISSAL OF THIS AC1'ION WITHOUT PREJUDICE. NOTWITHSTANDING
ANY PAYMENT MADE OR REQUIRED, THE COURT SHALL DISMISS THE CASE IF
THE COLIRT 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. Upon receipt of this order and the authorization form, the Warden or
other appropriate official at Sussex Correctional Institution, or at any prison at which the
plaintiff is or may be incarcerated, shall be required to deduct the $5.00 initial partial
filing 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
2

Case 1:08-cv-00226-SLR Document 4 Filed 05/06/2008 Page 3 of 4
Warden or other appropriate official at Sussex Correctional Institution, 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), ifthe 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 gina 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: $[5 {arf
nited States D trict Judge
3

Case 1:08-cv-00226-SLR Document 4 Filed 05/06/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DANIEL ECKSTROM, SR., )
Plaintiff, g
v. g Civ. No. 08-226-SLR
MONICA THOMPSON, g
Defendant. g
AUTHORIZA'I'ION
I,DanieI Eckstrom, Sr., SBI #381530, request and authorize the agency holding
me in custody to disburse to the Clerk of the Court the initial partial tiling fee of $5.00
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
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.


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