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

Case 1:07-cv-00783-JJF Document 21 Filed 06/16/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEENAN WRIGHT, RAYMOND E. :
BLAKE, THEODORE ROLLINS, and :
TAKOMA MEDLEY, :
Plaintiffs, ;
v. ; Civil Action No. 07-783-JJF
C/O MEARS, et al., i
Defendants. i

WHEREAS, Plaintiffs, Takoma Medley (“Medley”), Theodore
Rollins (“Rollins"), and Raymond Blake were prisoners
incarcerated within the Delaware Department of Correction at the
time they filed their Complaint under 42 U.S.C. § 1983, along
with applications to proceed fa forma pauoeris pursuant to 28
U.S.C. § 1915;
WHEREAS, on December I3, 2007, the Court entered an order
granting leave to proceed fo forma oauperis, requiring Medley,
Rollins, and 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 December 26, 2007, the Court was notified that
Medley is no longer incarcerated; on March 7, 2008, the Court was
notified that Rollins is no longer incarcerated; and 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

Case 1:07-cv-00783-JJF Document 21 Filed 06/16/2008 Page 2 of 3
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
imprisonment continued. Robbins v. Switzer, 104 F.3d 895, 899
(7* Cir. 1997); seg also Drayer v. Attorney General, Nos. 03-
2517, 03-2518, 81 Fed. Appx. 429 (3d Cir. 2003);
WHEREAS, on April 29, 2008, the Court ordered Medley and
Rollins to_either pay the filing fee they owe ($350.00) or to
each 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. 19);
WHEREAS, the time has lapsed and neither Medley nor Rollins
have complied with the Court’s order of April 29, 2008;
THEREFORE, at Wilmington this _Lél_ day of June, 2008, IT IS
HEREBY ORDERED that:
1. Plaintiffs Takoma Medley and Theodore Rollins and their
claims are DISMISSED WITHOUT PREJUDICE.
2. Within thirty days from the date of this Order,
Plaintiff, Raymond Blake shall either pay the balance of the
filing fee owed ($350.00) or shall submit a new standard form
application to proceed without prepayment of fees and affidavit
so the Court may determine whether he is still eligible to
proceed in forma pauperis.
2

Case 1:07-cv-00783-JJF Document 21 Filed 06/16/2008 Page 3 of 3
NOTE: The failure of Raymond Blake to timely comply with
this Order shall result in dismissal of his claim without
prejudice.
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