UNITED STATES OF AMERICA v. $22,228.49 IN UNITED STATES CURRENCY

Filing 27

(DUPLICATE ENTRY-FILED IN ERROR-DISREGARD)ORDER DISMISSING CASE This case is dismissed from the active docket of the court. The clerk is directed to close the file for administrative purposes, and upon the expiration of 120 days w /o activity, the clerk is directed to close the case in its entirety for all purposes. The bench trial scheduled on 4/19/10 is cancelled. The U.S. Marshal is instructed to return Claimant Owens to the Federal Correctional Institution in Anthony, TX. Signed by JUDGE RICHARD SMOAK on 3/26/2010. (sea) Modified on 3/26/2010 (sea).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION JOSHUWA O ROBINSON, Plaintiff, v. BAY COUNTY SHERIFF'S OFFICE, Defendant. _____________________________/ CASE NO. 5:10-cv-00058-RS-AK

ORDER OF DEFICIENCY AND DIRECTING PLAINTIFF TO FILE AN AMENDED PRISONER CONSENT FORM AND CERTIFIED FINANCIAL CERTIFICATE P la in tiff, 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 (herein after "PLRA"), requires the court to assess an initial partial filing fee on all in m ates 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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statem ent shows that he cannot pay even the required initial partial fee, the civil actio n 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 dism iss 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 filin g 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 m onthly 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 com pla in t; 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 m ust 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 Fin ancia l Certificate. 3. Plaintiff shall have until APRIL 26, 2010, to either: (1) file a computer prin tout 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 filin g 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 actio n 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 APRIL7, 2010. ORDERED on March 29, 2010.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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