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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

BILLY ROGERS,

# A409-208 

Plaintiff,

vs. CASE NO. 1:10-CV-10/MP/AK

WARDEN KERNS, et al.,

Defendants.

 /

O R D E R

This cause is before the Court upon referral from the Clerk of Court. Plaintiff, an

inmate proceeding pro se, filed a civil rights complaint under 42 U.S.C. § 1983. Doc. 1. 

Local court rules provide that no "civil action commenced by pro se litigants under 42

U.S.C. § 1983, 28 U.S.C. §§ 1331, or 1346, shall be considered by the court unless the

appropriate forms have been properly completed and filed by the litigant." N.D.

Fla. Loc. R. 5.1(J)(2). Plaintiff must, therefore, submit an "amended complaint,"

clearly designated as such, on court forms which will be provided to him by the

Clerk of Court.
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As a secondary problem, Plaintiff has failed to pay the $350 filing fee or file a

motion to proceed in forma pauperis and provide the inmate account information that is

certified by a Prison Official and necessary to assess a partial filing fee. Section

1915, as amended by the "Prison Litigation Reform Act of 1995 (hereinafter

"PLRA"), requires the court to assess an initial partial filing fee on all inmates who

are permitted to proceed in forma pauperis. Under the PLRA, all prisoners will

eventually pay the district court's entire $350 filing fee when bringing a civil action, or

filing an appeal, in forma pauperis. If a prisoner's account statement shows that he

cannot pay even the required initial partial fee, the civil action may nevertheless

proceed; however, the total $350 fee will be assessed and deducted from future

deposits to Plaintiff's prison account until the total filing fee is paid. Fees are not

refundable, regardless of dismissal of the action. [The obligation to pay the full

amount of the filing fee continues even if Plaintiff is released from prison.] Even

after the initial partial fee is paid, the PLRA requires this court to dismiss the case at

any time if it determines that the allegation of poverty is untrue, or the action 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. 28

U.S.C. § 1915(e)(2). Furthermore, § 1915(g) prohibits a prisoner from filing any

further suit or appeal without full prepayment of the filing fee if the prisoner has had

three actions or appeals dismissed on one of the previously mentioned grounds set

out in Section 1915(e)(2).

The Court must assess an initial partial filing fee based on the average

monthly deposits in Plaintiff's prison bank account in accordance with 28 U.S.C. §

Case No. 1:10CV10MP/AK
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1915(b)(1). Thus, Plaintiff must submit a computer printout for his inmate bank

account for the six (6) month period immediately preceding the filing of the

complaint; i.e., the period from JULY 19, 2009 to JANUARY 19, 2010. Plaintiff must

obtain account statements from the appropriate official of each prison at which he is,

or has been, confined for the six (6) month period prior to the filing of this complaint. 

If Plaintiff was not incarcerated during any portion of this time period, he must

specifically advise the court. 

Accordingly, it is

ORDERED:

1. The Clerk of Court is directed to forward to Plaintiff two (2) § 1983 complaint

forms along with one additional copy of his complaint, if available, so that Plaintiff can

file his amended complaint in its entirety.

2. The clerk of court shall also forward to Plaintiff an application for leave to

proceed in forma pauperis.

3. Plaintiff shall have THIRTY (30) DAY from the date of the docketing of this

order to amend the complaint on the proper forms, and either: (1) file a computer

printout of the transactions in his prison account as directed in this order along with

a completed application to proceed in forma pauperis, or (2) pay the full $350.00 filing

fee, or (3) file a notice of voluntary dismissal of this case pursuant to Fed.R.Civ.P.

41(a).

Case No. 1:10CV10MP/AK
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 4. Failure to respond to this order as instructed will result in a

recommendation of dismissal of this action for failure to prosecute and failure to

comply with an order of this court. 

5. The clerk shall notify chambers of the undersigned upon the filing of the

amended complaint and motion for ifp or otherwise notify chambers no later than

THIRTY (30) DAYS from the entry of this order on the docket.

DONE AND ORDERED this 25th day of January, 2010.

s/ A. KORNBLUM 

ALLAN KORNBLUM

UNITED STATES MAGISTRATE JUDGE

Case No. 1:10CV10MP/AK