Thomas Kevin McDowell v. Delaware State Police John Campanella, Detective Peachey, Trooper Romanelli, Trooper Simpson, Trooper, 88 F.3d 188 (3rd Cir. 1996). · Go Syfert
Thomas Kevin McDowell v. Delaware State Police John Campanella, Detective Peachey, Trooper Romanelli, Trooper Simpson, Trooper, 88 F.3d 188 (3rd Cir. 1996). Cases Citing This Book View Copy Cite
“e deem a complaint to be constructively filed as of the date that the clerk received the complaint-as long as the plaintiff ultimately pays the filing fee or the district court grants the plaintiff's request to proceed in forma pauperis.”
158 citation events (140 in the last 25 years) across 25 distinct courts.
Strongest positive: NICASTRO v. RITCHEY (pawd, 2024-02-15)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
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examined Cited as authority (verbatim quote) NICASTRO v. RITCHEY
W.D. Pa. · 2024 · quote attribution · 1 verbatim quote · confidence high
e deem a complaint to be constructively filed as of the date that the clerk received the complaint-as long as the plaintiff ultimately pays the filing fee or the district court grants the plaintiff's request to proceed in forma pauperis.
discussed Cited as authority (verbatim quote) SECURITIES AND EXCHANGE COMMISSION v. CALABRO
D.N.J. · 2022 · quote attribution · 1 verbatim quote · confidence high
nce the filing fee requirement is satisfied . . . the filing date will relate back to the date on which the clerk received plaintiff's papers.
cited Cited as authority (rule) Anthony Happel v. Wesley Paxton, et al.
W.D. Pa. · 2026 · confidence medium
State Police, 88 F.3d 188, 191 (8d Cir. 1996) (citations omitted).
discussed Cited as authority (rule) Sir-Raven R. Rodgers v. John C. Garcia, Erie County Sheriff
W.D.N.Y. · 2026 · confidence medium
State Police, 88 F.3d 188, 191 (8d Cir. 1996) (explaining relation back); see also Williams-Guice v. Bd. of Educ. of City of Chicago, 45 F.3d 161, 163 (7th Cir. 1995) (explaining limits to tolling of statute of limitations based on non- payment of fees). action is reopened and then dismissed, installment payments of the filing fee under 28 U.S.C. § 1915 will not be suspended, and Rodgers will not be allowed to obtain a refund of the filing fee or any part of it that already has been paid.
cited Cited as authority (rule) Thomas W. Croome v. Sandra Amoia, et al.
W.D.N.Y. · 2026 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995).
cited Cited as authority (rule) Christopher Galliego v. F.B.I. Vincent Walker, Katrina Burnes, X-Co, Brittney Vasquez, X-Co, Fitzstar Wikason, CO, Maurice Johnson, X-Co, Christal Miller, X-Co, Sergeant Jane Doe
W.D.N.Y. · 2026 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995).
cited Cited as authority (rule) Tanviir Mahmud Hossain v. Fatima Tuj. Jahura, City of Buffalo Police Department
W.D.N.Y. · 2025 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995).
discussed Cited as authority (rule) VARGAS v. BERKS COUNTY CHILDREN AND YOUTH SERVICES
E.D. Pa. · 2025 · confidence medium
State Police, 88 F.3d 188, 190-91 (3d Cir. 1996) (explaining that case initiating document titled “Motion for Compensation” that adequately notified defendants of the basis of the plaintiff’s claims should have been treated as a complaint). 2 The Court notes that Vargas has previously filed cases in this District regarding the custody matter.
cited Cited as authority (rule) Whitted v. U.S. Customs and Border Protection
W.D.N.Y. · 2025 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995).
discussed Cited as authority (rule) KAUFFMAN v. PENNSYLVANIA DEPT. OF CORRECTIONS
W.D. Pa. · 2025 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Percival v. Zimmerman, No. 24-2232, 2025 WL 1604502 , at *2 (3d Cir. June 6, 2025) (“A complaint is considered filed when it is received by the Clerk.”).
discussed Cited as authority (rule) Parker v. United State of America
W.D.N.Y. · 2025 · confidence medium
See Houston v. Lack, 487 U.S. 266 (1988) (prisoner mailbox rule); McDowell v. Delaware State Police, 88 F.3d 188, 191 (8d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995).
cited Cited as authority (rule) Hawkins v. Erie County Correctional Health
W.D.N.Y. · 2025 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995).
discussed Cited as authority (rule) Hossain v. Haendigies
W.D.N.Y. · 2025 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995). dismissed, installment payments of the filing fee under 28 U.S.C. § 1915 will not be suspended, and the prisoner will not be permitted to obtain a refund of the filing fee or any part of it that already has been paid.
cited Cited as authority (rule) Noel v. Stedman
W.D.N.Y. · 2025 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995).
discussed Cited as authority (rule) SANCHEZ v. CITY OF PHILADELPHIA
E.D. Pa. · 2025 · confidence medium
State Police, 88 F.3d 188, 189 (3d Cir. 1996) (agreeing that improperly captioned “pleading denominated ‘Motion for Compensation,’ which in substance, if not form, appeared to be intended as a complaint” was properly treated as a complaint).
discussed Cited as authority (rule) Hong v. Bondi
W.D.N.Y. · 2025 · confidence medium
See Houston v. Lack, 487 U.S. 266 (1988) (prisoner mailbox rule); McDowell v. Delaware State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.8d 161, 163 (7th Cir. 1995). includes an affidavit or affirmation establishing the inability to pay fees and costs or (2) the $5.00 filing fee; and it is further ORDERED that upon Petitioner’s submission of either (1) a motion to proceed in forma pauperis or (2) the $5.00 filing fee, the Clerk of Court shall reopen this case.
discussed Cited as authority (rule) Whitley v. Barrett
W.D.N.Y. · 2025 · confidence medium
ORDER IT IS HEREBY ORDERED that Plaintiff’s application to proceed in forma pauperis (Dkt. 2) is DENIED without prejudice; and it is further ORDERED that the Clerk of Court shall administratively terminate this action without filing the complaint or assessing a filing fee; and it is further Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995).
cited Cited as authority (rule) Thornton v. Wolcott
W.D.N.Y. · 2024 · confidence medium
State Police, 88 F.3d 188, 191 (38d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 1638 (7th Cir. 1995).
discussed Cited as authority (rule) Cato v. Reed
W.D.N.Y. · 2024 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995). suspended, and the prisoner will not be permitted to obtain a refund of the filing fee or any part of it that already has been paid.
discussed Cited as authority (rule) Cooley v. M.A.B.
W.D.N.Y. · 2024 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995). petition included with this order and comply with the requirements of Rule 2 of the Habeas Rules.
discussed Cited as authority (rule) Reyes v. Price
W.D.N.Y. · 2024 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996) (explaining relation back); see also Williams-Guice v. Bd. of Educ. of City of Chicago, 45 F.3d 161, 163 (7th Cir. 1995) (explaining limits to tolling of statute of limitations based on non- payment of fees). granted; or (3) seek monetary relief against a defendant who is immune from such relief.
cited Cited as authority (rule) Lewis v. Stavisky.
N.D.N.Y. · 2024 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996)).
discussed Cited as authority (rule) KENNEDY v. THE NEW JERSEY COURT SYSTEM
D.N.J. · 2024 · confidence medium
A pro se complaint will be dismissed if “it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” Mishra v. Fox, 197 F. App’x 167, 168 (3d Cir. 2006) (quoting McDowell vy, Delaware State Police, 88 F.3d 188, 189 (3d Cir. 1996)).
cited Cited as authority (rule) Staats v. DeMatteis
M.D. Penn. · 2024 · confidence medium
State Police, 88 F.3d 188, 190 (3d Cir. 1996)).
cited Cited as authority (rule) KENNEDY v. THE NEW JERSEY COURT SYSTEM
D.N.J. · 2023 · confidence medium
App’x 167, 168 (3d Cir, 2006) (quoting AfcDowell v. Delaware State Police, 88 F.3d 188, 189 (Gd Cir, 1996)).
cited Cited as authority (rule) BATTLE v. MERCEDES BENZ OF CHERRY HILL
D.N.J. · 2023 · confidence medium
Fox, 197 F. App’x 167, 168 (3d Cir. 2006) (quoting McDowell v, Del, State Police, 88 F.3d 188, 189 (3d Cir. 1996)), 3) First, Defendants move to dismiss Plaintiffs’ claim under the Act.
discussed Cited as authority (rule) EL v. STATE OF NEW JERSEY
D.N.J. · 2023 · confidence medium
State Police, 88 F.3d 188, 189 (3d Cir. 1996)). 4) The State first moves for dismissal of Plaintiff’s Complaint on the basis that this Court lacks subject matter jurisdiction over the State and the State is entitled to Eleventh Amendment immunity.
cited Cited as authority (rule) EL v. STATE OF NEW JERSEY
D.N.J. · 2023 · confidence medium
State Police, 88 F.3d 188, 189 (3d Cir, 1996)), 7) The Township first moves for a dismissal of Plaintiff’s Complaint on the basis that it is barred by claim preclusion.
discussed Cited as authority (rule) PALMORE v. CLARION UNIVERSITY OF PENNSYLVANIA
W.D. Pa. · 2022 · confidence medium
“Although a complaint is not formally filed until the filing fee is paid, we deem a complaint to be constructively filed as of the date that the clerk received the complaint— as long as the plaintiff ultimately pays the filing fee or the district court grants the plaintiff's request to proceed in forma pauperis.” McDowell v. Delaware State Police, 88 F.3d 188, 191 (3d Cir. 1996).
discussed Cited as authority (rule) PALMORE v. CLARION UNIVERSITY OF PENNSYLVANIA
W.D. Pa. · 2022 · confidence medium
“Although a complaint is not formally filed until the filing fee is paid, we deem a complaint to be constructively filed as of the date that the clerk received the complaint—as long as the plaintiff ultimately pays the filing fee or the district court grants the plaintiff's request to proceed in forma pauperis.” McDowell v. Delaware State Police, 88 F.3d 188, 191 (3d Cir. 1996).
discussed Cited as authority (rule) MEHMETI v. NEW JERSEY DEPARTMENT OF CORRECTIONS
D.N.J. · 2022 · confidence medium
McDowell v. Delaware State Police, 88 F.3d 188, 191 (3d Cir. 1996) (citing Rodgers ex rel.
cited Cited as authority (rule) Davis III v. Spicer
D. Del. · 2022 · confidence medium
State Police, 88 F.3d 188, 190-91 (3d Cir. 1996); Daoud v. City of Wilmington, 894 F Supp.2d 544, 557 (D.
discussed Cited as authority (rule) Flannery v. Hodge
D.V.I. · 2022 · confidence medium
Accordingly, the court should dismiss a pro se complaint only if “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle MPaegme 5o roaf n8d um Opinion him to relief." McDowell v. Delaware State Police, 88 F.3d 188, 189 (3d Cir.1996)(quotations omitted).
discussed Cited as authority (rule) DITTMAR v. NORTHAMPTON COUNTY PRISON
E.D. Pa. · 2021 · confidence medium
Therefore, a pro se plaintiff's claim may be dismissed only if “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Id. (quoting McDowell v. Delaware State Police, 88 F.3d 188, 189 (3d Cir.1996)).
discussed Cited as authority (rule) JONES-EILAND v. UNIVERSAL HEALTH SERVICES, INC.
E.D. Pa. · 2021 · confidence medium
On a motion to dismiss, a pro se complaint is held to a less stringent standard than a formal pleading drafted by lawyers, and it should only be dismissed if it appears “beyond a doubt that the plaintiff can prove no set of facts in support of [their] claim.” Olaniyi v. Alex Cab Co., 239 F. App’x 698, 699 (3d Cir. 2007) (citing McDowell v. Delaware State Police, 88 F.3d 188, 189 (3d Cir. 1996)).
discussed Cited as authority (rule) Nelson v. Lilley
W.D.N.Y. · 2021 · confidence medium
See Houston v. Lack, 487 U.S. 266 (1988) (prisoner mailbox rule); McDowell v. Delaware State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995). costs and includes a completed prison certification, the Clerk of Court shall reopen this case without further order.
discussed Cited as authority (rule) PEDRO v. UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
E.D. Pa. · 2021 · confidence medium
A case is not is not considered “filed” unless the plaintiff either pays the applicable fees or is granted leave to proceed in forma pauperis upon a finding that she is unable to pay the fees due to her financial circumstances.1 Practically speaking then, Pedro’s case cannot advance if she does not pay the applicable fees or file a motion for leave to proceed in forma pauperis that complies with § 1915. 1 See McDowell v. Delaware State Police, 88 F.3d 188, 191 (3d Cir. 1996) (“Although a complaint is not formally filed until the filing fee is paid, we deem a complaint to be constructi…
discussed Cited as authority (rule) Rickenbacker v. John Doe No. 1
W.D.N.Y. · 2021 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995). was frivolous or malicious or because it failed to state a claim upon which relief may be granted, he or she will not be permitted to bring another action in forma pauperis unless he or she is “under imminent danger of serious physical injury.” See 28 U.S.C. § 1915 (g).
discussed Cited as authority (rule) Herrejon v. The State of New York
W.D.N.Y. · 2021 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995). certification of a class and for preliminary injunctive relief are likewise deferred.
cited Cited as authority (rule) Romano v. Laskowski
W.D.N.Y. · 2021 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995).
discussed Cited as authority (rule) Jhagroo v. Collins Correctional Facility
W.D.N.Y. · 2021 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995). suspended, and the prisoner will not be permitted to obtain a refund of the filing fee or any part of it that already has been paid.
cited Cited as authority (rule) Hopper v. Chemung County
W.D.N.Y. · 2021 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995).
discussed Cited as authority (rule) Joseph Walker
Bankr. E.D. Pa. · 2021 · confidence medium
However, the Third Circuit has specifically stated that “remittance of a filing fee is not jurisdictional.” McDowell v. Delaware State Police, 88 F.3d 188, 191 (3d Cir. 1996); In re Brown, 311 B.R. 721, 727 (Bankr.
discussed Cited as authority (rule) Basile v. Thompson
W.D.N.Y. · 2020 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995). under 28 U.S.C. § 1915 will not be suspended, and the prisoner will not be permitted to obtain a refund of the filing fee or any part of it that already has been paid.
cited Cited as authority (rule) Worley v. State of New York
W.D.N.Y. · 2020 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995).
discussed Cited as authority (rule) Smith v. Annucci
W.D.N.Y. · 2020 · confidence medium
See Houston v. Lack, 487 U.S. 266 (1988) (prisoner mailbox rule); McDowell v. Delaware State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995).
cited Cited as authority (rule) Lawrence v. Kaplan
W.D.N.Y. · 2020 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams- Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995).
cited Cited as authority (rule) GENTLES v. THE BOROUGH OF POTTSTOWN
E.D. Pa. · 2020 · confidence medium
State Police, 88 F.3d 188, 189 (3d Cir. 1996) (quoting Haines, 404 U.S. at 520 ) (internal quotations omitted)).
discussed Cited as authority (rule) Maull v. Crosson
W.D.N.Y. · 2020 · confidence medium
State Police, 88 F.3d 188, 191 (3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d 161, 163 (7th Cir. 1995). was frivolous or malicious or because it failed to state a claim upon which relief may be granted, he or she will not be permitted to bring another action in forma pauperis unless he or she is "under imminent danger of serious physical injury." See 28 U.S.C. § 1915 (g).
cited Cited as authority (rule) COYNE v. HOLY FAMILY APARTMENTS
E.D. Pa. · 2020 · confidence medium
State Police, 88 F.3d 188, 189 (3d Cir. 1996) (quoting Haines, 404 U.S. at 520 ) (internal quotations omitted)).
Retrieving the full opinion text from the archive…
Thomas Kevin McDOWELL, Appellant,
v.
DELAWARE STATE POLICE; John Campanella, Detective; Peachey, Trooper; Romanelli, Trooper; Simpson, Trooper
96-7058.
Court of Appeals for the Third Circuit.
Jul 5, 1996.
88 F.3d 188
Thomas K. McDowell, Oxford, Pennsylvania, Pro Se., Jeffrey M. Taschner, Deputy Attorney General, Department of Justice, Wilmington, Delaware, for Appellees.
Becker, McKee, Garth.
Cited by 128 opinions  |  Published

OPINION OF THE COURT

GARTH, Circuit Judge:

Thomas Kevin McDowell appeals from the district court’s dismissal of his pro se complaint, which asserted a claim under 42 U.S.C. § 1983. The district court had dismissed McDowell’s complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6), on statute of limitations grounds. McDowell had filed the original complaint, -minus the filing fee, within the applicable two-year limitations period but did not file an application to proceed in forma pauperis (IFP) until some fourteen months later, outside of the limitations period. The district court granted McDowell’s IFP application but deemed the complaint filed as of the date the IFP application had been submitted, and accordingly dismissed the complaint as time-barred. We conclude that the filing date relates back to the date that McDowell originally filed his complaint and reverse.

I.

The district court had subject matter juris-dietion over McDowell’s section 1983 claim under 28 U.S.C. §§ 1331, 1343. Our appellate jurisdiction rests on 28 U.S.C. § 1291.

We exercise plenary review over the district court’s grant of a Rule 12(b)(6) motion to dismiss for failure to state a claim. Malia v. General Elec. Co., 23 F.3d 828, 830 (3d Cir.), cert. denied, 115 S.Ct. (1994); Unger v. National Residents Matching Program, 928 F.2d 1392, 1394 (3d Cir.1991). We cannot affirm the dismissal unless we can “say with assurance that under the allegations of the pro se complaint, which we hold to less stringent standards than formal pleadings drafted by lawyers, it appears ‘beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.’” Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 595, 30 L.Ed.2d 652 (1972) (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957)).

II.

On October 25, 1993, McDowell filed with the clerk of the district court a pleading denominated “Motion for Compensation,” which in substance, if not form, appeared to be intended as a' complaint. McDowell failed to enclose either the required filing fee of $120 or an application to proceed in forma pauperis. McDowell did, however, include a certificate of service, which indicated that the Delaware State Police, a defendant in the action, had been served with the pleading.

[*190] The clerk did not docket the complaint or open a ease file, but rather sent McDowell a letter, dated October 25, 1993, advising McDowell that the “motion” could not be considered unless McDowell filed a complaint which comported with the Federal Rules of Civil Procedure and the Local Rules of the District of Delaware. That letter further advised McDowell that he had to submit either a filing fee of $120 or a request to proceed in forma pauperis. The letter also indicated that a form for requesting leave to proceed in forma pauperis had been included with the letter.

McDowell responded almost fourteen months later in a letter dated December 14, 1994. The letter stated that McDowell had intended that the “Motion for Compensation” be treated as a complaint. The letter noted that no IFP application had. been enclosed with the clerk’s October 23, 1993 letter, as promised. Enclosed with McDowell’s letter was a completed IFP application and a properly drafted complaint, naming the Delaware State Police and four individual state troopers [1] as defendants. [2]

The district court granted McDowell leave to proceed in forma pauperis, directed the clerk to docket the case, and ordered that the complaint be served on the defendants. The defendants then moved to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and (6).

The district court, noting that Rule 5(e) [3] of the Federal Rules of Civil Procedure requires the district court clerk to accept papers that do not conform to the Federal Rules of Civil Procedure or the local rules, held that McDowell’s October 25,1993 pleading should be deemed a complaint although improperly captioned as a “Motion for Compensation.” Hence the district court concluded that “[plaintiff’s complaint was thus filed within the [two-year] limitations period.” The district court nevertheless dismissed McDowell’s complaint as untimely on the grounds that McDowell’s delay in requesting leave to proceed in forma pauperis rendered the timely filed complaint untimely.

McDowell filed a timely appeal from the district court’s December 11,1995 order.

III.

The Supreme Court has held that the state statute of limitations for personal injury actions applies to section 1983 claims. See Owens v. Okure, 488 U.S. 235, 239, 109 S.Ct. 573, 576, 102 L.Ed.2d 594 (1989); Wilson v. Garcia, 471 U.S, 261, 269, 105 S.Ct. 1938, 1943, 85 L.Ed.2d 254 (1985); Smith v. City of Pittsburgh, 764 F.2d 188, 194 (3d Cir.), cert. denied, 474 U.S. 950, 106 S.Ct. 349, 88 L.Ed.2d 297 (1985). In Delaware, the limitations period for a personal injury claim is two years. Del.Code Ann. tit. 10, § 8119 (1974); see also, e.g., Bechtel v. Robinson, 886 F.2d 644, 647 n. 3 (3d Cir.1989); Gardner ex rel. Gardner v. Parson, 874 F.2d 131, 141 n. 15 (3d Cir.1989).

In the present case, McDowell tendered his complaint for filing on October 25, 1993, just barely within two years of October 26, 1991, the date of the alleged violation of[*191] his civil rights. We agree with the district court’s conclusion that the clerk improperly refused to docket the complaint because of technical deficiencies in the format of the pleading. Notably, the improperly captioned complaint was served on the defendants and alleged sufficient facts to put defendants on notice of McDowell’s claims.

We also agree with the district court’s conclusion that remittance of a filing fee is not jurisdictional and that the clerk should have accepted McDowell's complaint despite his failure to submit a filing fee or request IFP status. Although a complaint is not formally filed until the filing fee is paid, we deem a complaint to be constructively filed as of the date that the clerk received the complaint — as long as the plaintiff ultimately pays the filing fee or the district court grants the plaintiffs request to proceed in forma pauperis. See Rodgers ex rel. Jones v. Bowen, 790 F.2d 1550, 1551-52 (11th Cir.1986) (holding that a complaint is deemed “filed” for statute of limitations purposes when actually or constructively received by the court clerk — despite the untimely payment of the filing fee); Wrenn v. American Cast Iron Pipe Co., 575 F.2d 544, 547 (5th Cir.1978) (holding that the untimely payment of the filing fee does not vitiate the validity of a timely filed complaint). Cf. also Parissi v. Telechron, Inc., 349 U.S. 46, 47, 75 S.Ct. 577, 577, 99 L.Ed. 867 (1955) (per curiam) (untimely payment of a filing fee under 28 U.S.C. § 1917 does not vitiate the validity of a notice of appeal); Gould v. Members of New Jersey Div. of Water Policy & Supply, 555 F.2d 340, 341 (3d Cir.1977) (“It is thus clear that the filing fee requirement cannot operate to render untimely a notice of appeal that is timely received in the Clerk’s office.”).

Therefore, once the filing fee requirement is satisfied (either through remittance of the filing fee or the district court’s grant of the plaintiffs IFP application), the filing date will relate back to the date on which the clerk received plaintiffs papers. In the present case, because the district court ultimately granted McDowell leave to proceed informa pauperis, we conclude that McDowell's complaint was constructively and timely filed on October 25,1993.

We cannot agree with the district court’s reasoning that the fourteen-month delay between the clerk’s rejection of McDowell’s pleading and the submission of McDowell’s IFP application somehpw renders the timely filed complaint untimely. Of course, we do not suggest that a plaintiff can delay prosecution of an action indefinitely by withholding the filing fee and refusing to submit a request to proceed informa pauperis. See Williams-Guice v. Board of Educ., 45 F.3d 161, 163 (7th Cir.1995) (“[P]laintiffs should not possess an option to delay service indefinitely by declining to pay the docket fee.”).

Here, however, there is no evidence that McDowell acted in bad faith or that the defendants have been prejudiced by the delay. Contrary to the defendants’ assertion that McDowell has “failed to offer any explanation whatsoever why he waited an additional sixteen [sic] months ... to refile.,..,” Appellee’s Brief at 10, McDowell has offered a plausible excuse for the delay:

After receiving a rejection notice from the clerk of courts [sic] after the statute [of limitations] had run, I figured it was hopeless to try again.... [4] They sent me to jail in Chester County, then [transferred me to] Graterford, then Camphill, then back to Chester County in August of 1994.... [5] In October of ’94 I discovered the amended Federal Rule [sic] of Civil Procedure and realized that Delaware District Court improperly refused to file my timely complaint.

Appellant’s Reply Brief at 1.

Under these circumstances, we hold that McDowell's complaint was timely filed. We,[*192] of course, do not reach the merits of McDowell’s claims or of the affirmative defenses raised by the defendants.

IV.

For the foregoing reasons, we will reverse the district court’s judgment dismissing the complaint and remand for further proceedings consistent with this opinion.

1

. The defendant state troopers are Detective John Campanella and Troopers Peachey, Roma-nelli and Simpson.

2

. The amended complaint alleged that the defendants had deprived McDowell of his civil rights by stopping and searching his automobile without probable cause, using excessive force in arresting him, violating his Miranda rights, and attempting to coerce a confession by detaining and harassing his family. The complaint purported to state a claim under 42 U.S.C. § 1983. It also asserted various pendent state law causes of action, including false arrest, malicious abuse of process, false imprisonment, negligence and intentional infliction of emotional distress.

3

. Rule 5(e) provides that ''[t]he clerk shall not refuse to accept for filing any paper presented for that purpose solely because it is not presented in proper form as required by these rules or any local rules or practices." Fed.R.Civ.P. 5(e). The Advisory Committee Notes following the 1991 amendments to Rule 5(e) explained the purpose of the rule was to protect litigants whose claims might be time-barred if their nonconforming pleadings were rejected:

Several local district rules have directed the office of the clerk to refuse to accept for filing papers not conforming to certain requirements of form imposed by local rules or practice. This is not a suitable role for the office of the clerk, and the practice exposes litigants to the hazards of time bars; for these reasons, such rules are proscribed by this revision.
4

. Notably, the clerk did not apprise McDowell of the fact that the filing date would relate back to the original filing of his "Motion for Compensation.”

5

. McDowell was incarcerated for offenses unrelated to the October 26, 1991 incident involving the Delaware state troopers. Apparently, because of his frequent transfers between penal institutions, McDowell's mail, including the notice from the Clerk’s Office, was delayed in reaching him.