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

Case 1:08—cv—00157-JJF Document 6 Filed 04/11/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
USHANGO OWENS-ALI, )
Plaintiff, g
v. g Civil Action No. 08-157-JJF
UNITED STATES OF AMERICA, g
INTERNAL REVENUE SERVICE, )
Defendants. g
ORDER
1. The plaintiff Ushango Owens, SBI #240623, a pro se
litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 without prepayment of the filing fee
or a request to proceed in fgrma pauperis pursuant to 28 U.S.C. §
1915.
2. On March 27, 2008, this Court assessed the
plaintiff the $350.00 filing fee and ordered him to provide a
request to proceed in forma pauperis and 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
April 8, 2008. Based on the plaintiff’s submissions, his request
to proceed in fgrma pauperis is granted.
3. In evaluating the plaintiff’s account information
pursuant to 28 U.S.C. § 1915(b)(1), the Court has determined that

Case 1:08—cv—00157-JJF Document 6 Filed 04/11/2008 Page 2 of 4
the plaintiff has an average account balance of $14.80 for the
six months preceding the filing of the complaint. The
plaintiff’s average monthly deposit is $94.36 for the six months
preceding the filing of the complaint. Accordingly, the
plaintiff is required to pay an initial partial filing fee of
$18.87, this amount being 20 percent (20%) of $94.36, the greater
of his average monthly deposit and average daily balance in the
trust fund account for the six months preceding the filing of the
complaint. Therefore, 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 the $18.87 initial
partial filing fee and subsequent payments to the Clerk of the
Court. FAILURE OF THE PLAINTIFF TO RETURN THE AUTHORIZATION FORM
WITHIN 30 DAYS FROM THE DATE THIS ORDER IS SENT SHALL RESULT IN
DISMISSAL OF THIS ACTION WITHOUT PREJUDICE. 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
MDNETARY RELIEF AGAINST A DEFENDANT WHO IS IMMUNE FROM SUCH
RELIEF.
4. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at Howard R. Young
2

Case 1:O8—cv—O0157-JJF D0cument6 Filed 04/11/2008 Page30f4
Correctional Institution, or at any prison at which the plaintiff
is or may be incarcerated, shall be required to deduct the $18.87
initial partial filing fee from the plaintiff’s 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 plaintiff’s trust account
exceeds $10.00, the Warden or other appropriate official at
Howard R. Young 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 plaintiff’s trust account and
forward that amount to the Clerk of the Court.
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, the Court shall deny 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: W lccg CMMM
Unikev Sl te istrict Ju e
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3

Case 1:08—cv—00157-JJF Document 6 Filed 04/11/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
USHANGO OWENS—ALI, )
Plaintiff, 5
v. ; Civil Action No. 08-157-JJF
UNITED STATES OF AMERICA, 3
INTERNAL REVENUE SERVICE, )
Defendants. 3
AUTHORIZATION
I, Ushango Owens, SBI #240623, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of $18.87 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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