IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

JAMES TYRONE EDWARDS, :

 :

Plaintiff, :

 :

vs. : CIVIL ACTION 06-0088-CB-M

 :

LT. LORETTA HOLLAND, et al., :

 :

Defendants. :

ORDER

A Russell County prison inmate proceeding pro se filed a

complaint under 42 U.S.C. § 1983 together with a Motion to

Proceed Without Prepayment of Fees (Docs. 1, 2). Pursuant to 28

U.S.C. § 1915(b)(1), Plaintiff is required to pay the statutory

filing fee of $250.00 for this action. Plaintiff's motion

indicates that a partial filing fee must be paid by Plaintiff

before this action proceeds further. 28 U.S.C. § 1915(b)(1). 

Plaintiff is obligated to pay the remainder of the $250.00 filing

fee in monthly payments of 20% of the preceding month's income

credited to his prisoner account. 28 U.S.C. § 1915(b)(2). These

payments shall be forwarded to the Clerk of the United States

District Court for the Southern District of Alabama each time the

amount in Plaintiff's account exceeds $10.00, until the $250.00

filing fee is paid in full. Id. By separate Order, the

appropriate agency will be directed by the Court to collect and

forward to the Court these monthly payments from Plaintiff's

account. Id. Plaintiff is obligated to pay the $250.00 filing

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fee even if this action is dismissed on the ground that it is

frivolous, malicious, fails to state a claim upon which relief

may be granted, or seeks monetary relief against a defendant who

is immune from such relief. 28 U.S.C. §§ 1915(e)(2)(B) and

1915A(b).

Accordingly, it is ORDERED that:

1. Plaintiff's Motion to Proceed Without Prepayment of Fees

be GRANTED.

2. Plaintiff REMIT to the Clerk of the United States

District Court for this District, within twenty (20) days, a

money order for $5.16 made payable to "Charles R. Diard, Jr.,

Clerk." 

3. Failure to comply with this Order within the prescribed

time will result in the dismissal of this action. If the money

order is not timely received by the Clerk, the Clerk is DIRECTED

to forward this action's file to the undersigned judge for

dismissal for failure to prosecute and to obey the Court's Order

and for entry of an Order requiring the appropriate agency to

collect the $250.00 filing fee from Plaintiff's prisoner account

in the manner prescribed by 28 U.S.C. § 1915(b)(2). 

4. If the money order is timely received by the Clerk, the

Clerk is DIRECTED to forward this action to the undersigned judge

for review under 28 U.S.C. §§ 1915(e)(2) and 1915A(b), which

requires that after the payment of the filing fee, or a portion

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thereof, the Court dismiss an action that is frivolous or

malicious, fails to state a claim upon which relief may be

granted, or seeks monetary relief against a defendant who is

immune from such relief. After an action is screened and is not

dismissed on one of the enumerated grounds, then the complaint

will be served. However, if during the screening process, this

action is dismissed on the ground that it is frivolous,

malicious, or fails to state a claim upon which relief may be

granted, this dismissal will be counted when Plaintiff files a

future action in determining whether to dismiss that future

action for the reason that Plaintiff previously had filed three

or more actions that were dismissed on the grounds that they were

frivolous, malicious, or failed to state a claim upon which

relief may be granted. 28 U.S.C. § 1915(g).

5. The remainder of the $250.00 filing fee be paid by

Plaintiff. While Plaintiff is a prisoner, the payment of the

remainder of the $250.00 filing fee shall be made in accordance

with 28 U.S.C. § 1915(b)(2).

6. Plaintiff advise the Court immediately of a change in

address, e.g., when Plaintiff is transferred, released, etc., or

suffer the dismissal of this action for failure to prosecute and

to obey the Court's Order.

DONE this 9th day of March, 2006. 

s/BERT W. MILLING, JR. 

UNITED STATES MAGISTRATE JUDGE

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