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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

WILLIE MAE STUART,

Plaintiff,

v. CASE NO. 4:10-cv-00096-SPM -GRJ

CARBONELLY, et al,

Defendants.

_____________________________/

O R D E R

Presently pending before the Court is Plaintiff’s Third Motion for Leave to

Proceed in Forma Pauperis with Prisoner Consent Form. (Doc. 21.) The Court

previously granted Plaintiff leave to proceed IFP and assessed an initial partial filing fee

of $70.00 based on the prison certification of her average six months deposits and the

inmate account information provided. (Doc. 11.) After receiving this Order, Plaintiff

requested that the Court reconsider the amount assessed because she believed the

certification was incorrect. (Doc. 12.) The Court agreed to reconsider the assessment,

but directed Plaintiff to resubmit a certified Prisoner Consent Form with the correct

information. (Doc. 15.) Plaintiff has complied with that Order and provided a Prisoner

Consent Form which shows slightly more average monthly deposits ($375.00) than the

previous certification ($350.00). (Doc. 21.) 

At this point, the Court has collected $250.00 from Plaintiff’s inmate account

towards the $350.00 filing fee in four installments of $100.00, $100.00, $20.00 and

$30.00. (Docs. 18, 19, 24, 25.) The Court does not find it necessary to modify its

previous assessment of the initial payment amount based on the new information
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considering that the full fee is nearly paid. Thus, the issue of whether the initial payment

should have been more or less is now moot. See Wilson v. Sargent, 313 F.3d 1315,

1318 (11 Cir. 2002) (only issue in an IFP fee determination is whether inmate pays full th

filing fee at one time or under an installment plan), citing McGore v. Wrigglesworth, 114

F.3d 601, 606 (6 Cir. 1997). Accordingly, because Plaintiff requests the Court to th

recalculate the previous assessment of the filing fee and there is no reason to do so,

Plaintiff’s Third Motion for Leave to Proceed in Forma Pauperis is due to be denied.

The Court also has reviewed the Second Amended Civil Rights Complaint under

28 U.S.C. § 1331 (Doc. 20), which purports to allege claims for use of excessive force

and deliberate indifference to Plaintiff’s medical needs. The pleading is deemed

sufficient to alert the Defendants to the nature and basis of Plaintiff’s claims. Plaintiff

has provided only one service copy of the Second Amended Complaint, and each of

the two Defendants must have a copy of the pleading. For the sake of expediency, the

Clerk will be directed to make the additional service copy. 

Accordingly, it is

ORDERED:

1. Plaintiff’s Third Motion for Leave to Proceed In Forma Pauperis (Doc. 21) is

DENIED.

2. The Clerk of Court shall note on the docket that there are two named

Defendants: Defendants Officer Hattan and Dr. Carbonelly, both of whom are

presently employed at Tallahassee FCI, 501 Capital Circle NE, Tallahassee,

Florida 32301.

3. The Clerk of Court is directed to prepare and send to the United States

Case No: 4:10-cv-00096-SPM -GRJ
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Marshal a copy of this order, summons and two service copies of the Second Amended

Complaint for the Defendants, as well as a copy for the Attorney General of the United

States and the United States Attorney for the Northern District of Florida. The Clerk

shall also prepare AO Forms 398 and NUSM1 (Notice of Lawsuit and Request for

Waiver of Service and Waiver of the Service of Summons) for each Defendant. 

Pursuant to Fed. R. Civ. P. 4(c)(2), all costs of service shall be advanced by the United

States.

4. The Clerk of Court is directed to complete and forward to the United States

Marshal, USM 285 forms addressed to the United States Attorney, the Attorney

General of the United States, and the named Defendant. The USM 285 forms shall

provide for service on the United States Attorney for the Northern District of Florida, (to

be addressed to: Civil Process Clerk, United States Attorney's Office, Northern District

of Florida, 111 N. Adams Street, Fourth Floor, Tallahassee, Florida 32301), the

Attorney General of the United States (Department of Justice, Room 511, Washington,

D.C. 20530), and Defendants Officer Hattan and Dr. Carbonelly (Tallahassee FCI,

501 Capital Circle NE, Tallahassee, Florida 32301). 

5. The Marshal shall serve the office of the United States Attorney for this

District by delivering a copy of the Second Amended Complaint and summons to the

designated civil process clerk for the United States Attorney for the Northern District of

Florida at the address specified above. 

6. The Marshal shall serve the Attorney General of the United States by

sending a copy of the Second Amended Complaint and summons via registered or

certified mail to the Attorney General of the United States at the address specified

above. 

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7. The Marshal shall serve the named Defendants by sending a copy of the

Second Amended Complaint and a waiver of service form to Defendants Hattan and

Carbonelly at the address specified above. If the waiver form is not returned for a

named Defendant, the Marshal shall obtain a summons from the Clerk's Office and

personally serve that Defendant pursuant to Fed. R. Civ. P. 4(e).

8. The Clerk of Court is directed to return this file to the undersigned if a return

of service is filed which indicates that service has not been executed or upon receipt of

an answer to the first amended complaint.

9. After a response to the complaint has been filed by the Defendant, Plaintiff

shall be required to mail a copy of every pleading or other paper, including letters,

submitted for consideration to the Court, to the attorney for Defendants. Plaintiff shall

include with each original paper that is filed with the Clerk of the Court a "certificate of

service" stating the date a correct copy of the paper was mailed to each Defendant or to

counsel for Defendants. Any paper submitted that does not contain a certificate of

service shall be returned by the Clerk and disregarded by the Court.

10. In accordance with 28 U.S.C. § 636(c)(2), the Clerk shall forward to plaintiff

a form for consenting to trial by the magistrate judge, with the case number written on it. 

If Plaintiff wishes to consent, she should sign the form and forward it to counsel for

Defendants (after service has been effected), who shall return it to the Clerk only if

Defendants consent. 

DONE AND ORDERED this 18 day of March, 2011. 

th

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

Case No: 4:10-cv-00096-SPM -GRJ