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


File Size: 40.0 kB
Pages: 4
Date: March 27, 2008
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 916 Words, 5,584 Characters
Page Size: 614 x 792 pts
URL

https://www.findforms.com/pdf_files/ded/39954/7.pdf

Download Order (PLRA) for Pay Authorization - District Court of Delaware ( 40.0 kB)


Preview Order (PLRA) for Pay Authorization - District Court of Delaware
Case 1:08—cv—O0154-JJF Document 7 Filed 03/27/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT GATTIS, )
Plaintiff, )
v. ) Civil Action No. 08-154-JJF
WARDEN PERRY PHELPS, DELAWARE )
CORRECTIONAL CENTER, MAJOR DCC )
JAMES SCARBOROUGH, STAFF )
LIEUTENANT DCC KAREN HAWKINS, )
AND SERGEANT DCC WILFORD )
sscxrss, >
Defendants. )
ORDER
1. The plaintiff Robert Gattis, SBI #188752, a prg se
litigant who is presently incarcerated, has filed this action
pursuant to 42 U.S.C. § 1983 and has requested leave to proceed
in fgrma 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 six-month
period immediately preceding the filing of the above-referenced
complaint. Based on the plaintiff’s submissions, his request to
proceed ig forma 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

Case 1:08—cv—00154-JJF Document 7 Filed 03/27/2008 Page 2 of 4
fee of 20 percent (20%) of the greater of his average monthly
deposit or average monthly balance in the trust fund account.
4. In evaluating the plaintiff’s account information,
the Court has determined that the plaintiff has an average
account balance of $43.26 for the six months preceding the filing
of the complaint. The plaintiff’s average monthly deposit is
$74.17 for the six months preceding the filing of the complaint.
Accordingly, the plaintiff is required to pay an initial partial
filing fee of $14.84, this amount being 20 percent (20%) of
$74.17, 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 the attached authorization form allowing the
agency having custody of him to forward the $14.84 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
MONETARY RELIEF AGAINST A DEFENDANT WHO IS IM UNE FROM SUCH
2

Case 1:O8—cv—OO154-JJF Document 7 Filed O3/27/2008 Page 3 of 4
RELIEF.
5. Upon receipt of this order and the authorization
form, the Warden or other appropriate official at Delaware
Correctional Center, or at any prison at which the plaintiff is
or may be incarcerated, shall be required to deduct the $14.84
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
Delaware Correctional Center, or at any prison at which the
plaintiff is or may be incarcerated, shall be required to make
monthly payments of 2O 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.
6. Pursuant to 28 U.S.C. § 19l5(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.
. A ,_ j . _ (
DATED; @2 I Eg.! ggiudk
Uni e Sta s strict Qu ge
3

Case 1:O8—cv—OO154-JJF Document 7 Filed O3/27/2008 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
ROBERT GATTIS, )
Plaintiff, g
v. g Civil Action No. 08-154-JJF
WARDEN PERRY PHELPS, DELAWARE ;
CORRECTIONAL CENTER, MAJOR DCC )
JAMES SCARBOROUGH, STAFF )
LIEUTENANT DCC KAREN HAWKINS, )
AND SERGEANT DCC WILFORD )
sscktss, >
Defendants. ;
AUTHORIZATION
I, Robert Gattis, SBI #188752, request and authorize the
agency holding me in custody to disburse to the Clerk of the
Court the initial partial filing fee of $14.84 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.


Case 1:08-cv-00154-JJF

Document 7

Filed 03/27/2008

Page 1 of 4

Case 1:08-cv-00154-JJF

Document 7

Filed 03/27/2008

Page 2 of 4

Case 1:08-cv-00154-JJF

Document 7

Filed 03/27/2008

Page 3 of 4

Case 1:08-cv-00154-JJF

Document 7

Filed 03/27/2008

Page 4 of 4