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


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Date: December 13, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1:07-cv—00784-G|\/IS Document4 Filed 12/13/2007 Page1 of3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
LEVAUGHN GERALD WALKER, )
)
Plaintiff, )
)
v. ) Civil Action No. 07-784-GMS
)
COMMISSIONER CARL DANBERG, )
WARDEN BETTY BURRIS, )
DEPUTY WARDEN DAVID PIERCE, )
COUNSELOR CINDY ATALIAN, )
COUNSELOR THOMPSON, )
JAYME JACKSON, )
LT. SEACORE, )
LT. PORTER, )
TONY RENDINA, )
LINDA KEMP, )
)
Defendants. )
FILING FEE ORDER
1. The plaintiff LeVaughn Gerald Walker, SBI #306213,
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.
2. Consistent with 28 U.S.C. § 1915(a)(1),the
plaintiff submitted an affidavit stating that he has no assets
with which to prepay the filing fee. Based on the plaintiff’s
affidavit, his request to proceed in forma pauperis is granted.
3. Notwithstanding the above, pursuant to 28 U.S.C. §
19l5(b)(1), the plaintiff shall be assessed the filing fee of
$350.00. In order to determine the schedule of payment of the
filing fee, the plaintiff shall submit to the Clerk of Court, a
certified copy of his trust fund account statement (memorandum or

Case 1:07-cv—00784-G|\/IS Document 4 Filed 12/13/2007 Page 2 of 3
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 the institution at which the
plaintiff is confined. FAILURE OF THE PLAINTIFF TO 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 2O 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 be paid
before the court reviews the complaint. NOTWITHSTANDING ANY
PAYMENT MADE, 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. § l9l5(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 fppma pauperis in all future
2

Case 1:07-cv—00784-G|\/IS D0cument4 Filed 12/13/2007 Page3 0f3
suits filed without prepayment of the filing fee, unless the
Court determines that the plaintiff is under imminent danger of
serious physical injury. ’

. *4 ‘
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3

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