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UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

SHAUNTWAN BARNES,

Plaintiff,

v. Case No. 5:21-cv-5-TKW-MJF

MARK INCH, et al.,

Defendants.

/

ORDER

Plaintiff, a state prisoner proceeding pro se, has filed a civil rights complaint 

under 42 U.S.C. § 1983. (Doc. 1). Plaintiff’s complaint is deficient because it was 

not filed on the court-approved form for the Northern District of Florida. See N.D. 

Fla. Loc. R. 5.7(A) (requiring that a pro se complaint in a civil rights case be filed 

on this court’s form). Plaintiff will be required to correct this deficiency in an 

amended complaint. 

In addition, Plaintiff neither paid the $402.00 fee for filing a civil case 

($350.00 filing fee and $52.00 administrative fee), nor applied for leave to proceed 

in forma pauperis. If Plaintiff intends to proceed with this action, he must pay the 

$402.00 fee, or file a complete application to proceed in forma pauperis. See N.D. 

Fla. Loc. R. 5.3 (“A party who files or removes a civil case must simultaneously 

either pay any fee required under 28 U.S.C. § 1914 or move for leave to proceed in 

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forma pauperis under 28 U.S.C. § 1915.”). A complete application to proceed in 

forma pauperis includes a motion with supporting affidavit, a prisoner consent form 

and a financial certificate with attachments (a printout of the transactions in 

Plaintiff’s inmate trust account for the six-month period immediately preceding the 

filing of his complaint). 

If Plaintiff is granted leave to proceed in forma pauperis, this court will 

impose a lien of $350.00 on his inmate trust account. See 28 U.S.C. § 1915(b). 

This court also will assess an initial partial filing fee, which will be equal to 20 

percent of the average monthly deposits to Plaintiff’s inmate account for the 6-month 

period preceding the filing of his complaint. 28 U.S.C. § 1915(b)(1). No further 

action will be taken with regard to Plaintiff’s claims until the initial partial filing fee 

is received. Plaintiff’s failure to submit the partial filing fee as instructed likely will 

result in dismissal of this action.

After Plaintiff pays that initial partial filing fee, he will be required to 

make monthly payments of 20 percent of the preceding month’s income (that 

is, all funds deposited into his inmate account) in each case he has filed in this 

court.1 See 28 U.S.C. § 1915(b)(1)-(2). The agency having custody of Plaintiff will 

be required to forward payments from Plaintiff’s inmate account on a monthly basis 

1 Thus, prisoners who have filed more than one case may be required to make 

payments totaling 40%, 60%, 80% or even 100% of their monthly deposits.

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to the clerk of this court each time the amount in his account exceeds $10.00. These 

payments will continue until the filing fee of $350.00 is paid in full in each case. 

Accordingly, it is ORDERED: 

1. The clerk of the court shall send Plaintiff a § 1983 complaint form for 

use by prisoners, and a form application to proceed in forma pauperis. This 

case number shall be written on the forms. 

2. On or before FEBRUARY 10, 2021, Plaintiff shall:

a. file a notice of voluntary dismissal; OR

b. file an amended complaint on the Northern District form 

accompanied by either payment in the amount of $402.00, or a 

complete application to proceed in forma pauperis. 

3. Plaintiff’s failure to comply timely with this order likely will result in 

dismissal of this case for failure to prosecute, failure to comply with an order 

of this court, and failure to pay the filing fee.

SO ORDERED this 11th day of January, 2021.

/s/ Michael J. Frank 

Michael J. Frank

United States Magistrate Judge

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