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


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Date: March 27, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:O8—cv—OO157-JJF Document 4 Filed 03/27/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
USHANGO OWENS—ALI, )
Plaintiff, )
v. ) Civil Action No. 08-157-JJF
UNITED STATES OF AMERICA, )
INTERNAL REVENUE SERVICE, )
Defendants. )
ORDER
I. The plaintiff Ushango Owens—Ali, SBI #240623, a pgp
sg litiqant who is presently incarcerated, has filed this action
without prepayment of the filing fee or a request to proceed ip
fpgma pauperis.
2. Pursuant to 28 U.S.C. § l9I5(b), the plaintiff
shall be assessed the filing fee of $350.00.
3. Pursuant to the requirements of 28 U.S.C.
§ I9I5(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 request to proceed ip fprma pauperis and a
certified copy of his prison trust fund 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

Case 1:08—cv—00157-JJF Document 4 Filed 03/27/2008 Page 2 of 4
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 IM UNE FROM SUCH
RELIEF.
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, then 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. y \
U 5 fr [J§A_,»w<>‘~ \\\E
DATED; all QUU5 Unitéd St§esi; District Eicdge
2

Case 1:O8—cv—OO157-JJF Document 4 Filed O3/27/2008 Page 3 of 4
xv tin ii lill tit \R1 tim- ani;
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE I
Plaintiff APPLICATION TO PROCEED
v. WITHOUT PREPAYMENT OF
FEES AND AFFIDAVIT
Defendant(s)
CASE NUMBER: 08—I57-JJF
I. g V g ____ declare that I am the (check appropriate box)
CI Petitioncr/Plaintiff/I\/lovant EI Other
in thc above-cntitled proceeding; that in support of my request to proceed without prepayment of fees or costs under
ZS IIS<` §l9l 5, I declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief
sought in the complaint/petition/motion.
In support ol` this application, I answer the following questions under penalty of perjury:
l . Arc you currently incarcerated? III Yes El No (If "No" go to Question 2)
II` "YliS" state the place ofyour incarceration
Inmatc Identification Number (Required):
Arc you employed at the institution? Do you receive any payment from the institution?
Attach a lei/ger slieet [rom the institution of your incarceration detailing all transactions over the gas!
xix mont/rs.
2. Are you currently employed? III Yes III No
a. Ifthe answer is "YES" state the amount of your take-home salary or wages and pay period
and give the name and address ofyour employer.
h. Ifthe answer is "NO" state the date ofyour last employment, the amount ofyour take-home
salary or wages and pay period and the name and address of your last employer.
F in thc past I2 twelve months have you received any money from any ofthe following sources?
ii. Business, profession or other self-employment El Yes EI No
h. Rent payments, interest or dividends El Yes El No
c. Pensions, annuities or life insurance payments III Yes III No
tl. Disability or workers compensation payments III Yes III No
c. Gifts or inheritances III Yes El No
I`. Any other sources III Yes III No
it` thc answer to any ofthe above is "YES" describe each source of money and state the amount
received AND what you expect you will continue to receive.

Case 1:O8—cv—OO157-JJF Document 4 Filed O3/27/2008 Page 4 of 4
\i i ilu l .»xr~i~x· llivx lilllli)
l¤lr xix xixi .l 4. Do you have any cash or checking or savings accounts? E1 Yes E1 No
ll` "Yes" state the total amount $
5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other
x aluahle property?
C1 Yes E1 No
II` "Yes" describe the property and state its value.
fi, list the persons who are dependent on you for support, state your relationship to each person and
indicate how much you contribute to their support, OR state NONE if applicable.
I declare under penalty of perjury that the above information is true and correct.
'iO ii32xii‘u SIGNATURE or APPUCANT
NOTE TO PRISONER: A Prisoner seeking to proceed without prepayment of` fees shall submit an affidavit
stating all assets. In addition, a prisoner must attach a statement certified by the appropriate institutional
oI`Iiccr· showing all receipts, expenditures, and balances during the last six months in your institutional accounts.
lI‘ you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified
statement ol` each account.

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