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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

KELLY WHISBY,

Plaintiff,

v. CASE NO. 5:10-cv-00171-RS-AK

JOHN DOE, JOHN DOE, JOHN DOE,

Defendants.

_____________________________/

O R D E R

Before me is Plaintiff’s Complaint (Doc. 1). Plaintiff did not file a motion for leave to

proceed in forma pauperis or pay the 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 $350.00 filing fee when bringing a civil action, or filing an appeal, in forma

pauperis. If Plaintiff’s account statement shows that he or she 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

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
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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 December 1, 2009 to

May 31, 2010. Plaintiff must obtain account statements from the appropriate official of each

prison at which he or she 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 or

she must specifically advise the court. 

IT IS ORDERED:

1. Review of the complaint will be deferred until the matter of the filing fee is

resolved.

2. The clerk shall forward to Plaintiff an application for leave to proceed in forma

pauperis. 

3. 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-00171-RS-AK
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4. 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-00171-RS-AK