Walls v. Phelps

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
JOSEPH M. WALLS, )
)
Plaintiff, )
) C.A. No. N12M-04-115 MMJ
v. )
)
PERRY PHELPS, CASEY PHELPS )
and STANLEY BAYNARD )
)
Defendants. )
Submitted: June 3, 2014
Decided: July 14, 2014
ORDER
On Plaintiff’s Motion Under Rule 60(b)(6),
Rule 112(a), and 10 Del. C. § 8804(b)
DENIED
1. By Order dated August 21, 2012, this Court revoked the in forma
pauperis status of plaintiff Joseph M. Walls. The Court found that Walls had
brought more than three civil actions which had been dismissed as frivolous or for
failure to state a claim. Pursuant to 10 Del. C. § 8804(f), Walls is precluded from
proceeding in forma pauperis.
2. By Order dated October 17, 2012, the Court dismissed Walls’ then-
pending complaint for failure to pay the required filing fee.
3. By Order dated January 23, 2014, the Delaware Supreme Court affirmed
this Court’s August 21, 2012 and October 17, 2012 Orders.
4. Plaintiff now moves that this Court exercise its discretion to permit him
to pay filing fees in installments under Superior Court Civil Rule 112(a) and Section
8804(b).
5. The Court finds that Plaintiff has failed to show good cause why he
should be permitted the discretionary privilege of paying filing fees by installments.
Plaintiff’s prior frivolous filings have so burdened the Court that revocation of in
forma pauperis was required. Further, pursuant to Rule 112(a), installment
payments are one method of permitting a party to proceed in forma pauperis.
Installment payments are not contemplated by the Rules for parties who are denied
in forma pauperis status.
THEREFORE, Plaintiff’s Motion Under Rule 60(b)(6), Rule 112(a), and
10 Del. C. § 8804(b) is hereby DENIED.
SO ORDERED.
/s/ M M J
ary . ohnston
Judge Mary M. Johnston