UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

DWAYNE WILLIAM MCCLOUD, ) ) Plaintiff, ) ) v. ) CV423-344 ) MS. EDWARDS, et al., ) ) Defendants. ) ORDER Plaintiff, appearing pro se, has submitted a complaint alleging a conspiracy against him by Chatham County Detention Center staff. See generally doc. 1. He moved to proceed in forma pauperis. Doc. 2. The Court recommended that leave to proceed in forma pauperis be denied, as his original application indicated that he received considerable funds from his family. See doc. 4 at 1. Although the Court recommended leave to proceed in forma pauperis be denied, it afforded McCloud an opportunity to clarify his financial situation, if appropriate. See id. at 3 n. 1. He has now submitted a second application to proceed in forma pauperis, which indicates that he is indigent.1 See doc. 5. Accordingly,

1 The Court indicated that, if McCloud sought to clarify his financial condition, he should explain any discrepancy from his original application. See doc. 4 at 3 n. 1. He his Motion is GRANTED, doc. 5, the prior Report and Recommendation is VACATED, doc. 4, and the original application to proceed in forma

pauperis is DISMISSED as moot, doc. 2. Under the Prison Litigation Reform Act,

Stat. 1321 (PLRA), all prisoners, even those who are allowed to proceed IFP, must pay the full filing fee of $350.00.

(b)(1). Prisoner IFP litigants must pay an initial partial filing fee of 20 percent

of the greater of the average monthly deposits to, or average monthly balance in, the prisoner’s account for the 6-month period immediately preceding the filing of the Complaint. Prison officials are then required

to collect the balance of the filing fee by deducting 20 percent of the preceding month’s income credited to the prisoner’s account.

(b)(2). This payment shall be forwarded to the Clerk of Court “each

time the amount in plaintiff’s account exceeds $10 until the full filing fees are paid.”

The entire filing fee must be paid even if the suit is dismissed at the outset because it is frivolous, malicious, fails to state a

has not done so. See generally doc. 5. However, since he will be required to submit an accounting for his prisoner trust account, the Court will be able to evaluate his finances from that document. McCloud is advised that, if his allegation of poverty is determined to be untrue, his case will be subject to immediate dismissal.

(e)(2)(A). claim, or seeks monetary damages against a defendant who is immune from such relief.

In addition to requiring payment of the full filing fee, the PLRA now requires prisoners to exhaust all administrative remedies before

challenging “prison conditions” in a civil action. 42 U.S.C. § 1997e; see

(g)(2). All prisoner civil rights actions filed after April 26, 1996, are subject to dismissal if the prisoner has not exhausted the

available administrative remedies with respect to each claim asserted. Moreover, even if the Complaint is dismissed for failure to exhaust, the prisoner will still be responsible for payment of the full filing fee.

The PLRA also provides that a prisoner cannot bring a new civil action or appeal a judgment in a civil action in forma pauperis if the prisoner has on three or more prior occasions, while incarcerated,

brought a civil action or appeal in federal court that was dismissed because it was frivolous, malicious, or failed to state a claim upon which relief may be granted. The only exception to this “three strikes” rule is if the prisoner is in “imminent danger of serious physical injury.”

(g).2

Because of these legal parameters, the Court will give plaintiff an opportunity, at this time, to voluntarily dismiss the Complaint pursuant

to Fed. R. Civ. P. 41(a)(1). Such a voluntary dismissal will not require plaintiff to pay the filing fee or count as a dismissal which may later subject plaintiff to the three-dismissal rule under section 1915(g).

IT IS HEREBY ORDERED that: (1) Plaintiff must furnish the enclosed Prisoner Trust Fund Account Statement to the trust (financial) officer of each prison where

he has been confined for the past six months. The trust officer will

2 Plaintiffs are generally required to pay a filing fee in order to institute a civil action in a federal district court.

. Indigent prisoners may avoid prepayment of the filing fee under

, but must surmount § 1915(g):

In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.

(g). A three-striker who fails to show “imminent danger” must pay the complete $350 filing fee when he initiates suit. Vanderberg v. Donaldson,

(11th Cir. 2001). Short of that, the court dismisses the Complaint without prejudice. Dupree v. Palmer,

(11th Cir. 2002). complete and sign the form and return the form and supporting documents to plaintiff for submission to the Court. Two copies of the form

are enclosed for this purpose. (2) Plaintiff must sign and date the enclosed Consent to

Collection of Fees from Trust Account. By signing this form, plaintiff gives his consent to the collection of the entire filing fee from his prison account in installments, in accordance with the provisions of the

Prison Litigation Reform Act. (3) Plaintiff must return both the Prisoner Trust Account Statement and the Consent to Collection of Fees from Trust

Account to the Clerk within fourteen days of the date this Order is served. The Clerk of Court is DIRECTED to serve along with a copy of this

Order (1) a Prisoner Trust Account Statement form, and (2) the Consent to Collection of Fees from Trust Account form. Plaintiff shall have fourteen days from the service of this Order to

fill out and return both forms. Once plaintiff has complied with the conditions of this Order, the Court will review plaintiff's Complaint to determine which, if any, claims are viable and which, if any, defendants should be served with a copy of the Complaint. If no response is timely received from plaintiff, the Court will presume that plaintiff desires to have this case voluntarily dismissed. Failure to comply with this Order within fourteen (14) days of the date this Order is served shall result in the recommendation of dismissal of plaintiff's case, without prejudice. SO ORDERED, this 4th day of January, 2024. Lo A pr. CHRISTOPHER L. RAY UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA