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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

CARL D MORGAN,

Plaintiff,

v. CASE NO. 5:10cv179/RS-AK

DEPARTMENT OF CORRECTION, et al,

Defendants.

__________________________________________/

O R D E R

Before me is Plaintiff’s Complaint (Doc. 1). Plaintiff has failed, however, to pay the

required $350.00 filing fee or, alternatively, failed to file a motion to proceed in forma pauperis

(IFP). Review of Plaintiff's Complaint will be deferred because it fails 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 $350.00 filing fee when bringing a civil action, or filing an appeal, in forma

pauperis. If the Plaintiff's account statement shows that he cannot pay even the required initial

partial fee, the civil action may nevertheless proceed; however, the total $350.00 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
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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 January 1, 2010 to June

30, 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. 

IT IS ORDERED:

1. The clerk of court shall forward to Plaintiff an application for leave to proceed in

forma pauperis.

2. Plaintiff shall have until July 29, 2010, to 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: 5:10-cv-00179-RS-AK
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 3. Failure to respond to this order as instructed may result in the dismissal of this

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

ORDERED on July 14, 2010.

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE

Case No: 5:10-cv-00179-RS-AK