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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 Motion requesting the Court to

recalculate Plaintiff’s initial partial payment. (Doc. 12.) Based on the inmate account

information previously provided and the prison official’s certification (Doc. 8), the Court

assessed Plaintiff an initial payment of $70.00 based upon the determination that the

average monthly deposits in Plaintiff’s prison account for the six months preceding the

filing of the lawsuit was $350.00. (Doc. 11). Plaintiff claims that her actual deposits

were $420.00 over the entire six month period, not the average monthly deposit

amount. In support of Plaintiff’s request she has attached more detailed records of her

account. (Doc. 12, attachments). 

Because every institution uses varying and often cryptic descriptions and codes

in their inmate transaction records, the Court relies upon the prison official’s certification

of the records to assist the Court in calculating the average monthly deposits. In this

case, the previously submitted account history showed $350.00 as Plaintiff’s “National 6

Months Deposits.” (See Doc. 8, at 5). While this does not necessarily have the same

meaning as average monthly deposits for six months, the prison official certified that
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$350.00 was Plaintiff’s average monthly deposit for the preceding 6 months. (Doc. 8, at

4.) The Court, therefore, used this figure when it determined the initial partial filing fee. 

While Plaintiff has now provided additional records of her inmate account, it is still

unclear which of the transactions included in the history should be treated as deposits

for purposes of calculating the initial payment. For example, “Lockbox-CD” is

underlined by Plaintiff presumably because she considers it a deposit, but this

terminology has no clear meaning for the Court. Therefore, insofar as Plaintiff’s Motion

requests reconsideration of the fee assessment previously calculated, it is GRANTED.

Plaintiff, however, must obtain and submit to the Court a new Prisoner Consent Form

completed, signed, and re-certified by an official before the Court will recalculate the

initial payment based on the transaction records submitted. 

The Court has also conducted a review of the First Amended Complaint (Doc. 7)

and finds that Plaintiff should file a Second Amended Complaint when she returns the

new account information. 

Plaintiff describes an incident of excessive use of force and deliberate

indifference to her medical needs, but names only the United States as a defendant. In

the body of the complaint, Plaintiff alleges that Ms. Hattan placed Plaintiff in restraints

behind her back so that Plaintiff could not use her walker, causing “further crippling.” 

Ms. Hattan should be one of the named defendants under these set of facts. 

Plaintiff next complains that following this particular injury she was denied proper

care, specifically by Dr. Carbonelly, who did not order x-rays which would have revealed

a broken or dislocated shoulder. Under these set of facts, Dr. Carbonelly should be the

other named defendant. 

To amend her complaint, Plaintiff should completely fill out a new civil rights

Case No: 4:10-cv-00096-SPM -GRJ
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complaint form, marking it “Second Amended Complaint.” The amended complaint

must include all of Plaintiff’s claims in this action and should not refer back to the

original complaint. In amending, Plaintiff should carefully review the following to

determine whether she can present allegations sufficient to state a cause of action: 

1) Plaintiff must state what rights have been violated under the Constitution,

laws or treaties of the United States. It is improper for the Plaintiff to merely

list constitutional or federal rights. Further, Plaintiff must provide support in

the statement of facts for the claimed violations.

2) Plaintiff should clearly describe how each named defendant is involved

in the alleged constitutional violation(s) in the body of the complaint. Plaintiff

should note that in civil rights cases, more than conclusory and vague

allegations are required to state a cause of action. Plaintiff must also show

how he was harmed or injured by the actions and/or omissions of the

defendant(s).

3) Plaintiff should name only defendants who participated in the alleged

deprivation of constitutional rights or those persons who directed the action

and/or omission that resulted in such deprivation. 

Accordingly, it is ORDERED:

1. The Clerk of Court shall mail to Plaintiff a new complaint form for federal 

prisoners and a blank Prisoner Consent Form, which Plaintiff shall complete in full, sign, 

have a prisoner official sign, and return all documents on or before February 2, 2011.

2. Plaintiff’s Motion (Doc. 12) is GRANTED to the extent that the Court will 

reconsider its previous calculation of the initial partial payment and allow additional 

information to be submitted.

DONE AND ORDERED this 5 day of January, 2011. th

s/Gary R. Jones

GARY R. JONES

United States Magistrate Judge

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