Free Order - District Court of Delaware - Delaware

Case 1:07-cv-00783-JJF Document 24 Filed 08/13/2008 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEENAN WRIGHT and RAYMOND E. :
BLAKE, :
Plaintiffs, E
v. Z Civil Action No. 07-783-JJF
C/O MEARS, et al., ;
Defendants. E
Q ~
WHEREAS, Plaintiff, Raymond Blake was a prisoner
incarcerated within the Delaware Department of Correction at the
time he filed his Complaint under 42 U.S.C. § 1983, along with an
application to proceed in forma pauperis pursuant to 28 U.S.C. §
1915;
WHEREAS, on December 13, 2007, the Court entered an Order
granting leave to proceed in fgrma pauperis, and requiring Blake,
along with the other named Plaintiffs, to pay the $350.00 filing
fee, jointly and severally, as determined by statute (D.I. 6);
WHEREAS, on May 28, 2008, an Order sent to Blake in a
separate case, Civ. Action No. 07-230-JJF (D.I. 29), was returned
indicating that Blake had been released and is no longer
incarcerated;
WHEREAS, under the Prison Litigation Reform Act, release
does not eliminate the obligation of payment of a filing fee that
could and should have been met from the trust account while

Case1:07-cv—00783-JJF Document 24 Filed 08/13/2008 Page20f2
imprisonment continued. Robbins v. Switzer, 104 F.3d 895, 899
(7m Cir. 1997); gg; also Drayer v. Attorney General, Nos. 03-
2517, 03-2518, 81 Fed. Appx. 429 (3d Cir. 2003);
WHEREAS, on June 16, 2008, the Court ordered Blake to either
pay the filing fee owed ($350.00) or to submit a new standard
form application to proceed without prepayment of fees and
affidavit within thirty days of the date of the Order (D.I. 21);
WHEREAS, the time has lapsed and Blake has not complied with
the Court's June 16, 2008 Order;
THEREFORE, IT IS HEREBY ORDERED that Plaintiff Raymond Blake
and his claims are DISMISSED WITHOUT PREJUDICE.
@13-OK
DATE ED T S DISTRI J DGE
2

Case 1:07-cv-00783-JJF

Document 24

Filed 08/13/2008

Page 1 of 2

Case 1:07-cv-00783-JJF

Document 24

Filed 08/13/2008

Page 2 of 2