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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

JOSHUWA O ROBINSON,

Plaintiff,

v. CASE NO. 5:10-cv-00058-RS-AK

BAY COUNTY SHERIFF’S OFFICE,

Defendant.

_____________________________/

 

ORDER OF DEFICIENCY AND DIRECTING

 PLAINTIFF TO FILE AN AMENDED PRISONER CONSENT FORM

 AND CERTIFIED FINANCIAL CERTIFICATE

Plaintiff, an inmate proceeding pro se, has filed a civil rights complaint under

42 U.S.C. § 1983, (Doc. 1), and has filed a deficient motion to proceed in forma

pauperis (IFP), (Doc. 2), by failing to comply with 28 U.S.C. § 1915.

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
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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. §

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 SEPTEMBER 17, 2009 to MARCH 17, 2010. Plaintiff

must obtain account statements with the signature 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. The filing of the amended motion to proceed

in forma pauperis, IFP, must include the inmate account information which shall

be attached to the in forma pauperis motion and the signature of an authorized

Case No: 5:10-cv-00058-RS-AK
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official. If Plaintiff was not incarcerated during any portion of this time period, he

must specifically advise the court.

Accordingly, it is ORDERED:

1. Review of Plaintiff’s complaint (Doc. 1), and ruling on his motion to

proceed in forma pauperis, (Doc. 2), is deferred until Plaintiff has complied with 28

U.S.C. §1915.

2. The clerk of court shall forward to Plaintiff a Prisoner Consent Form and

Financial Certificate.

3. Plaintiff shall have until APRIL 26, 2010, to either: (1) file a computer

printout for the time period specified above of the transactions in his prison account

as directed in this order along with a completed application to proceed in forma

pauperis certified by the appropriate prison official, 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).

4. Failure to respond to this order as instructed may result in dismissal of this

action for failure to prosecute and failure to comply with an order of this court.

5. The clerk shall refer the file to the undersigned on or before APRIL 27,

2010.

ORDERED on March 29, 2010.

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE

Case No: 5:10-cv-00058-RS-AK