IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

JAMES COWAN, #243426, )

)

 Plaintiff, )

)

v. ) CASE NO. 2:06-CV-684-MHT

) [WO]

)

S. E. WILSON, et al., )

)

 Defendants. )

ORDER AND OPINION ON MOTION

NOTICE TO PRISONERS: Pursuant to the 1996 revisions to 28 U.S.C. § 1915,

the requisite procedures for filing civil actions in forma pauperis have substantially

changed. Additionally, in accordance with the provisions of the Deficit Reduction Act

of 2005, the filing fee for civil actions has increased to $350. The attached notice

contains an explanation of these changes.

Upon consideration of the motion for leave to proceed in forma pauperis filed by the

plaintiff on August 3, 2006 (Court Doc. No. 2), and for good cause, it is 

ORDERED that such motion be and is hereby GRANTED. 

In accordance with the provisions of 28 U.S.C. § 1915(b)(1), a prisoner who seeks to

proceed in forma pauperis in a civil action or on appeal is required to pay the full amount of

the requisite filing fee. Upon review of the financial information provided to the court, it

appears that the plaintiff lacks the requisite funds in his prison account for this court to

require payment of either the entire filing fee or an initial partial filing fee. However, under

Case 2:06-cv-00684-MHT-SRW Document 3 Filed 08/14/2006 Page 1 of 5
2

the provisions of 28 U.S.C. § 1915(b)(1), this court must "assess and, when funds exist,

collect" the $350.00 filing fee from monies available to the plaintiff. In light of the foregoing

and in accordance with the provisions of 28 U.S.C. § 1915(b)(2), it is further 

ORDERED that: 

1. The plaintiff shall make monthly payments of 20 percent of each preceding month's

income credited to his account as payments towards the $350.00 filing fee. 

2. Those persons having custody of the plaintiff shall forward the above described

payments from the plaintiff's account to the clerk of this court each time the amount in the

plaintiff's account exceeds $10.00 until the $350.00 filing fee is paid in full. Id. 

To aid the plaintiff and those persons having custody of the plaintiff in complying

with the requirements of this order, the clerk is DIRECTED to furnish a copy of this order

to the inmate account clerk at the Bullock County Correctional Facility.

The plaintiff is advised that if this case is dismissed for any reason he remains

obligated to pay the $350.00 filing fee. The filing fee will be collected from any funds which

become available to the plaintiff and will be forwarded to this court by those persons having

custody of the plaintiff pursuant to the directives contained in this order.

Additionally, the plaintiff is advised that if he files a notice of appeal he will likewise

be required to pay the requisite appellate filing fee which is currently $455.00. Thus, if at

the time the plaintiff files a notice of appeal he has the necessary funds to pay the $455.00

filing fee, he must submit such amount to the court with the notice of appeal. If the requisite

Case 2:06-cv-00684-MHT-SRW Document 3 Filed 08/14/2006 Page 2 of 5
3

funds are not available and the plaintiff seeks to proceed in forma pauperis on his appeal, he

must complete an affidavit in support of such request and supply the court with a certified

copy of his prison account statement for the 6-month period preceding the filing of the

appeal. However, the plaintiff is informed that regardless of this court's determination on his

in forma pauperis motion the entire appellate filing fee will be collected from those persons

having custody of him from funds available in his prison account in a manner similar to that

outlined in this order. 

DONE, this 14th day of August, 2006.

/s/ Susan Russ Walker 

SUSAN RUSS WALKER

UNITED STATES MAGISTRATE JUDGE

 

Case 2:06-cv-00684-MHT-SRW Document 3 Filed 08/14/2006 Page 3 of 5
NOTICE

INFORMATION TO PRISONERS SEEKING LEAVE TO 

PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915

IN CIVIL ACTIONS BEFORE ANY FEDERAL COURT

In accordance with 1996 amendments to the in forma pauperis (IFP) statute governing

civil actions in federal court, as a prisoner you will be obligated to pay the full filing fee of

$350.00 for a civil action. If you later file an appeal, the filing fee for the appeal is $455.00 and

you will likewise be responsible for payment of such fee. Thus, if at the time you file your

action you have the funds available to pay the requisite filing fee, you must send such amount

to the court with your complaint or notice of appeal and, if appropriate, your IFP application.

If you do not have enough money to pay the full filing fee when your action is filed, you can

file the action without prepayment of the filing fee. However, the court will assess and, when funds

exist, collect an initial partial filing fee. The initial partial filing fee will be equal to 20 percent of

the average monthly deposits to your prison or jail account for the six months immediately preceding

the filing of the lawsuit, or 20 percent of the average monthly balance in your prison or jail account

for that same six month period, whichever is greater. The court will order that you make the initial

partial filing fee out of your prison or jail account or any other funds you have indicated are

available to you. If you fail to submit the initial partial filing fee, your case will be dismissed

and the full amount of the filing fee will be collected from those persons having custody of you.

After the initial partial filing fee has been paid, you will be responsible for paying the

balance of the filing fee. To fulfill your obligation for payment of the full filing fee, each month you

will owe 20 percent of your preceding month’s income toward the balance on the filing fee.

Pursuant to an order of the court, the agency that has custody of you will collect that money and

send payments to the court any time the amount in the account exceeds $10.00. You are advised

that the balance of the filing fee will be collected even if the action is subsequently dismissed

for any reason, summary judgment is granted against you, or you fail to prevail at trial. 

In order to proceed with an action or appeal in forma pauperis you must complete the

affidavit in support of your request to proceed in forma pauperis and supply the court with a

certified copy of your prisoner account statement for the 6-month period preceding the filing of the

complaint or notice of appeal and return it to the court with your cause of action. If you submit an

incomplete form or do not submit a prison or jail account statement with the form, your request to

proceed in forma pauperis will be denied.

Regardless of whether some or all of the filing fee has been paid, the court is required

to screen your complaint and to dismiss the complaint if (1) your allegation of poverty is

untrue; (2) the action is frivolous or malicious; (3) your complaint does not state a claim on

which relief can be granted; or (4) you sue a defendant for money damages and that defendant

is immune from liability for money damages.

If on three or more occasions you have filed actions or appeals while a prisoner which

were dismissed as frivolous or malicious or for failure to state a claim on which relief can be

granted, then you will be prohibited from bringing any other actions in forma pauperis unless

you are in imminent danger of serious physical injury. In such cases, your request to proceed

in forma pauperis will be denied and you will be required to pay the appropriate filing fee

before proceeding in your civil action.

Case 2:06-cv-00684-MHT-SRW Document 3 Filed 08/14/2006 Page 4 of 5
Case 2:06-cv-00684-MHT-SRW Document 3 Filed 08/14/2006 Page 5 of 5