govinfo:USCOURTS-alnd-5_26-cv-00183-1

UNITED STATES DISTRICT COURT 
NORTHERN DISTRICT OF ALABAMA 
NORTHEASTERN DIVISION 
 
COLBY TORBERT, 
 
Plaintiff, 
 
v. 
 
BROOKS, et al., 
 
Defendants. 
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FINAL ORDER 
Consistent with the accompanying opinion (doc. 9), the court DISMISSES 
this action WITHOUT PREJUDICE for failure to prosecute. 
For information regarding the cost of appeal, see the attached notice. 
DONE and ORDERED this June 15, 2026. 
 
 
 
 _________________________________ 
 ANNEMARIE CARNEY AXON 
 UNITED STATES DISTRICT JUDGE 
 
FILED
 
 2026 Jun-15 PM 04:21
U.S. DISTRICT COURT
N.D. OF ALABAMA

2 
 
United States Court of Appeals 
Eleventh Circuit 
56 Forsyth Street, N.W. 
Atlanta, Georgia 30303 
 
David J. Smith In Replying Give Number 
Clerk of Court of Case and Names of Parties 
 
 
NOTICE TO PRISONERS CONCERNING CIVIL APPEALS 
 
 
The Prison Litigation Reform Act of 1995 (effective April 26, 1996) REQUIRES that all 
prisoners pay the Court’s $600.00 docket fee plus $5.00 filing fee (for a total of $ 605.00) when 
appealing any civil judgment. 
 
 If you wish to appeal in a civil case that Act requires that upon filing a notice of appeal 
you either: 
 
(1) Pay the total $605.00 fee to the clerk of the district court from which 
this case arose; or 
 
(2) arrange to have a prison official certify to the district court from 
which the appeal arose the average monthly deposits and balances 
in your prison account for each of the six months preceding the filing 
of a notice of appeal. 
 
If you proceed with option (2) above, the Act requires that the district court order you to 
pay an initial partial fee of at least 20% of the greater of either the average monthly deposits or 
of the average monthly balances shown in your prison account. The remainder of the total $505.00 
fee will thereafter be deducted from your prison account each month that your account balance 
exceeds $10.00. Each such monthly deduction shall equal 20% of all deposits to your prison 
account during the previous month, until the total $605.00 fee is paid. (If your prison account 
statement shows that you cannot pay even the required initial partial fee , your appeal may 
nevertheless proceed, BUT THE TOTAL $ 605.00 FEE WILL BE ASSESSED AGAINST AND 
WILL BE DEDUCTED FROM FUTURE DEPOSITS TO YOUR PRISON ACCOUNT.) 
 
Fees are not refundable, regardless of outcome, and deductions from your prison account 
will continue until the total $605.00 fee is collected, even if an appeal is unsuccessful. 
 
 
David J. Smith 
 Clerk of Court 
 
 PLRA Notice 
 

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