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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

UNITED STATES OF AMERICA,

Defendant.

_____________________________/

O R D E R

Presently before the Court is Plaintiff’s Amended Motion for Leave to Proceed in

Forma Pauperis, which shows Plaintiff’s average monthly deposits is $350.00 for the six

months preceding the filing of the complaint in this matter. (Doc. 8). Plaintiff’s motion

for IFP (doc. 8) is GRANTED to the extent that the case may proceed without the

prepayment of the entire filing fee. 

Plaintiff shall pay $70.00 as an initial partial filing fee as provided in 28 U.S.C. §

1915(b)(1)(A); however, Plaintiff is assessed the total $350.00 filing fee.1

The agency having custody of Plaintiff shall forward, within THIRTY (30) DAYS

from the date of this Order, the initial partial filing fee to the Clerk of Court. A check

from a penal institution, a cashier's check, or a money order should be made payable to

"Clerk, U.S. District Court" and sent to: United States District Court, Northern District of

Florida, Office of the Clerk, 111 North Adams Street, Suite 322, Tallahassee, Florida

 See also Wilson v. Sargent, 313 F.3d 1315 (11 Cir. 2002). This amount

1 th

represents twenty percent of Plaintiff’s average monthly deposits for the preceding six

months.
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32301-7717. Personal checks will not be accepted. The following information shall

either be included on the face of the check from the penal institution, cashier's check, or

money order or attached thereto:

(1) the full name of the prisoner; (2) the prisoner's inmate number; and (3) the

Northern District of Florida Case Number; see front page. 

Checks or money orders which do not have this information will be subject to

return.

After payment of the initial partial fee, Plaintiff will be required to make monthly

payments of twenty percent of the preceding month's income (all funds deposited into

the account) credited to the account. The agency having custody of Plaintiff shall

forward payments from the Plaintiff's account on a monthly basis to the Clerk each time

the amount in the account exceeds $10.00. These payments shall continue until the

full $350.00 filing fee is paid. The prisoner information described above must be

included with each payment.

Plaintiff is warned that she ultimately is responsible for payment of the filing fee if

the agency having custody over her lapses in its duty to make payments on her behalf. 

Thus, in case of transfer, Plaintiff should ensure that any new institution is advised of

this lawsuit and Plaintiff’s payment obligations. Plaintiff should retain a copy of this

Order for that purpose. 

The Clerk shall MAIL a copy of this order, with the appropriate cover letter, to: 

FEDERAL USP, ATTENTION: FINANCE OFFICE, P.O. BOX 150160 ATLANTA, GA

30315.

Failure to comply with this Order in the time allotted may result in the dismissal of

Case No: 4:10-cv-00096-SPM -GRJ
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this action without further notice.

No further action shall be taken with regard to Plaintiff's claims until the initial

partial filing fee is received

DONE AND ORDERED this 8 day of December 2010. 

th

s/Gary R. Jones

GARY R. JONES

United States Magistrate Judge

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