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

Case 1:07-cv-00783-JJF D0cument8 Filed 12/13/2007 Page1 0f3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEENAN WRIGHT, RAYMOND E. )
BLAKE, THEODORE ROLLINS, )
TAKOMA MEDLEY, AND KARL OWENS, )
)
Plaintiffs, )
)
v. ) Civil Action No. 07-783-JJF
)
C/O MEARS, STAFF LT. MICHEAL ) l
COSTELLO, SUSSEX COMMUNITY )
CORRECTIONAL CENTER, C.M.S., )
CPL. RICHARD CALVERT, CARL C. )
DANBERG, ROBERT GEORGE, RICHARD)
NORWOOD, ADAMS, HANNA, )
HINELINE, AND SPRANGLER, )
>
Defendants. )
FILING FEE ORDER
1. Plaintiffs Keenan Wright, SBI #431053, Raymond E.
Blake, SBI #377092, Theodore Rollins, SBI #392812, Takoma Medley,
SBI #257334, and Karl Owens, SBI #428918, pro se litigants who
are presently incarcerated, have filed this action pursuant to 42
U;S.C. § 1983 and have requested leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915.
2. Consistent with 28 U.S.C. § 1915(a)(1),each
plaintiff submitted an affidavit stating that he has no assets
with which to prepay the filing fee. Based on the plaintiff's
affidavits, each of their requests to proceed in forma pauperis
are granted.

Case 1:07-cv-00783-JJF Document 8 Filed 12/13/2007 Page 2 of 3
3. Notwithstanding the above, pursuant to 28 U.S.C. §
l9l5(b)(l), the plaintiffs shall jointly and severally be
assessed the filing fee of $350.00. In order to determine the
schedule of payment of the filing fee, plaintiff Karl Owens shall
submit to the Clerk of Court, a certified copy of his 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 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 HIS DISMISSAL FROM
THIS ACTION WITHOUT PREJUDICE.
4. Unless the Court determines from plaintiff Karl
Owens' 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 be paid
before the court reviews the complaint. NOTWITHSTANDING ANY
PAYM NT 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.
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Case 1:07-cv—OO783-JJF Document 8 Filed 12/13/2007 Page 3 of 3
5. Pursuant to 28 U.S.C. § l9l5(g), if any 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.
DATED: H D60'? 4,..:
' Uqiikd S ates District Judge
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