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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

JIMMY EARL DAVIS,

Plaintiff,

v. CASE NO. 1:10-cv-00029-MP-AK

FLORIDA DEPARTMENT OF

CORRECTIONS, HASSETT,

Defendants.

_____________________________/

O R D E R

Plaintiff, an inmate proceeding pro se, has filed a civil rights complaint, (doc. 1),

and a motion to proceed in forma pauperis (IFP) (doc. 2). Pursuant to the Court’s

previous order (doc. 5) Plaintiff filed a supplement to his in forma pauperis motion by

filing his prisoner consent and inmate account financial information (doc. 6). Good

cause having been shown, it is ORDERED that:

1. Leave to proceed in forma pauperis (doc. 2) is GRANTED to the extent that

the case may proceed without the prepayment of the entire filing fee.

2. The clerk of court shall assess Plaintiff $42.53 based on his monthly deposits

for the preceding six months and as provided in 28 U.S.C. § 1915(b)(1)(A). 
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Case No: 1:10-cv-00029-MP-AK

3. Plaintiff shall have until APRIL 7, 2010, to submit the partial filing fee as

assessed by 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 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) Northern District of Florida Case Number; 1:10-cv-29-mp/ak.

Checks or money orders which do not have this information will be returned to the penal

institution or to Plaintiff.

4. After payment of the initial partial filing fee, the prisoner shall be required to

make monthly payments of 20 percent of the preceding month's income (that is, all

funds deposited in the account) credited to the prisoner's account. The agency having

custody of the prisoner shall forward payments from the prisoner's account on a monthly

basis to the clerk of court each time the amount in the account exceeds $10.00. These

payments shall continue until the filing fee of $350.00 is paid in full. The prisoner

information described in Paragraph 3 shall either be included on the face of the check

from the penal institution, cashier's check, or money order or attached thereto.

 5. The clerk of court shall MAIL a copy of this order, with the appropriate cover

letter, to: Department of Corrections, Office of the General Counsel, 2601 Blair Stone

Road, Tallahassee, FL 32399-2500. 
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Case No: 1:10-cv-00029-MP-AK

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

partial filing fee is received.

7. Failure to submit the partial filing fee as instructed may result in a

dismissal of this action and Plaintiff's inability to proceed in forma pauperis in

future actions.

8. The clerk shall refer this action to the undersigned on or before APRIL 7,

2010. 

DONE AND ORDERED this 9th day of March, 2010

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge