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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

RODERICK D GOSTON,

Plaintiff,

v. CASE NO. 1:10-cv-00039-MP-AK

JOHN BOSTICK,TONY JONES,

MOSES ROCHELLE,

Defendants.

_____________________________/

O R D E R

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

42 U.S.C. § 1983, (doc. 1), and has failed to file a motion to proceed in forma

pauperis (IFP), and thereby failed 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 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
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Case No: 1:10-cv-00039-MP-AK

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 10, 2009 to March 10, 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. 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), is deferred until Plaintiff has

complied with 28 U.S.C. §1915.

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

proceed in forma pauperis.

3. Plaintiff shall have until APRIL 28, 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 certified by the appropriate
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Case No: 1:10-cv-00039-MP-AK

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 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 refer the file to the undersigned on or before April 28, 2010.

DONE AND ORDERED this 31st day of March, 2009.

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge