Benjamin v. Jackson et al

Filing 80

ORDER by Magistrate Judge Stephan M. Vidmar to Cure Defects. Plaintiff's response is due no later than October 30, 2017. (am)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
BERNEST BENJAMIN,
Plaintiff,
v.

No. 14-cv-0784 JB/SMV

JAMES JACKSON, LAWRENCE ARTIAGA,
and MICHAEL HOHMAN,1
Defendants.
ORDER TO CURE DEFICIENCY
THIS MATTER is before the Court on Plaintiff Bernest Benjamin’s Prisoner’s Motion and
Affidavit for Leave to Proceed on Appeal Pursuant to 28 U.S.C. § 1915 and Fed. R. App. P. 24
[Doc. 72], filed on September 25, 2017. Attached to Plaintiff’s motion is a copy of his inmate
account statement for the time period between August 1, 2017, and September 14, 2017.
[Doc. 72] at ]. A prisoner seeking leave to proceed in forma pauperis must submit “a certified
copy of the trust fund account statement, (or institutional equivalent) for the prisoner for the
6-month period immediately preceding the filing of the complaint or notice of appeal, obtained
from the appropriate official of each prison at which the prisoner is or was confined.” 28 U.S.C.
§ 1915(a)(2) (emphasis added).

Plaintiff’s inmate account statement does not include the

requisite 6-month period immediately preceding the filing of his notice of appeal on
September 25, 2017. The Court will order Plaintiff to cure this deficiency within 30 days of the

1

Defendants indicate that the correct spelling is “Hohman,” rather than “Holman.” See [Doc. 19] at 1 n.1.

date of this order. Failure timely to cure the designated deficiency may result in the denial of
Plaintiff’s motion to proceed in forma pauperis without further notice.
IT IS THEREFORE ORDERED that Plaintiff cure the deficiency designated above no
later than October 30, 2017.
IT IS SO ORDERED.

__________________________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

2