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

Case 1:O7—cv—OO783-JJF Document 19 Filed O4/29/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
KEENAN WRIGHT, RAYMOND E. :
BLAKE, THEODORE ROLLINS, and :
TAKOMA MEDLEY, :
Plaintiffs, ;
v. E Civil Action No. 07-783-JJF
c/o MEARS, et al., E
Defendants. E
%@i`·.£.<
WHEREAS, Plaintiffs, Takoma Medley (“Medley") and Theodore
Rollins (“Rollins”) were prisoners incarcerated within the
Delaware Department of Correction at the time they filed their
Complaint under 42 U.S.C. § 1983, along with application to
proceed in forma pauperis pursuant to 28 U.S.C. § 1915;
WHEREAS, the Court entered an Order granting Medley and
Rollins leave to proceed in forma pauperis and required them,
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;
WHEREAS, on March 7, 2008, the Court was notified that
Rollins 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

Case 1 :O7—cv—OO783-JJF Document 19 Filed 04/29/2008 Page 2 of 2
imprisonment continued. Robbins v. Switzer, 104 F.3d 895, 899
(7m Cir. 1997); seg alsg Drayer v. Attorney General, Nos. 03-
2517, 03-2518, 81 Fed. Appx. 429 (3d Cir. 2003).
THEREFORE, at Wilmington this _é&£l_day of April, 2008, IT
IS HEREBY ORDERED that within thirty days from the date of this
Order, Plaintiffs, Takoma Medley and Theodore Rollins 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 they are still eligible to proceed in fgrma pauperis.
NOTE: The failure of Takoma Medley and/or Theodore Rollins
to timely comply with this Order shall result in the respective
dismissal of their claim without prejudice.
\.... .1 E A
Q D S AT isTR1cT GE
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Case 1:07-cv-00783-JJF

Document 19

Filed 04/29/2008

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Case 1:07-cv-00783-JJF

Document 19

Filed 04/29/2008

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