Gonzales v. Bernalillo County District Court et al
Filing
29
MEMORANDUM OPINION AND ORDER by District Judge M. Christina Armijo DENYING 27 Plaintiff's MOTION to Ultimately be Addressed by Panel About Disbursement of Partial Payments for Filing Fee from Earned Income from Plaintiff Prison Account. (kg)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DAVID A. GONZALES,
Plaintiff,
v.
No. 15-CV-0378 MCA/KBM
BERNALILLO COUNTY DISTRICT
COURT, et al.
Defendants.
MEMORANDUM OPINION AND ORDER
THIS MATTER is before the Court on Plaintiff’s post-closure Motion to:
Ultimately be Addressed by Panel About Disbursement of Partial Payments for Filing
Fee from Earned Income from Plaintiff Prison Account.1 [Doc. 27] The Court, having
considered the submission, the relevant law, and otherwise being fully advised in the
premises, hereby denies the Motion.
BACKGROUND
Plaintiff filed a civil rights complaint and a motion for leave to proceed in forma
pauperis on May 4, 2015. [Doc. 1; Doc. 2] Magistrate Judge Karen B. Molzen entered
an order to cure deficiency on May 6, 2015 requiring Plaintiff to submit a certified copy
of his inmate account statement for the six-month period immediately preceding his filing
as required by 28 U.S.C. § 1915(a)(2). [Doc. 4] The Court did not receive any response,
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While the title of his motion suggests that Plaintiff is seeking relief from our Tenth
Circuit, he has filed his motion in this Court and specifically asks for relief from this
Court. Accordingly, this Court addresses the motion.
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and thus, on June 24, 2015, this Court dismissed the action for the failure to comply with
statutory filing requirements. [Doc. 6] Plaintiff appealed the dismissal to our Tenth
Circuit Court of Appeals, which ultimately affirmed the dismissal.
[Doc. 18-1]
However, before deciding the merits of the dismissal, our Tenth Circuit entered an order
requiring Plaintiff to pay the $505.00 filing fee to the district court. The Order stated:
Appellant’s custodian shall deduct and pay to the clerk of the United States
District Court for the District of New Mexico an amount equal to 20
percent of the greater of –
A. the average monthly deposits to his account, or
B. the average monthly balance in his account for the 6-month period
immediately preceding filing of the notice of appeal in this case.
In either event, appellant’s custodian shall forward payments from
appellant’s account equal to 20 percent of the preceding month’s income
each time the account exceeds $10.00 until the filing fees are paid in full.
[Doc. 14]
In the motion currently before the Court, Plaintiff respectfully requests the Court
“to refrain (stop) from deducting payments from money orders sent by family members.”
[Doc. 27, p.1] Plaintiff states that he “only consented to disbursement through earned
income.” [Doc. 27, p.1] Plaintiff asks the Court to reimburse his account or a particular
family member for the fees which have already been deducted. [Doc. 27, p.1] Finally,
Plaintiff asks the Court to email his facility custodian to “adjust this error.” [Doc. 27,
p. 2]
ANALYSIS
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The Court construes Plaintiff’s post-closure Motion as a motion for relief pursuant
to Federal Rule of Civil Procedure 60(b)(6) (governing motions for relief from a final
judgment, order, or proceeding for “any other reason that justifies relief”).
Plaintiff has been ordered, by our Tenth Circuit Court of Appeals, to comply with
particular payment requirements. [Doc. 14] This Court is unable to make any ruling
contravening the Court of Appeals’ Order. See Cherokee Nation v. State of Oklahoma,
461 F.2d. 674, 678-89 (10th Cir. 1972) (describing the “rule that a lower court must
follow the decision of a higher court at an earlier stage of the case”). Thus, this Court is
unable to grant any relief to Plaintiff.
Furthermore, the relief Plaintiff requests is inconsistent with federal law, which
requires Plaintiff “to make monthly payments of 20 percent of the preceding month’s
income credited to the prisoner’s account.” 28 U.S.C. § 1915(b)(2). “‘Income’ means all
amounts deposited to the custodial account from whatever source.” Ballard v. Burrage,
97 F.3d 382, 383 (10th Cir. 1996). “The agency having custody of the prisoner shall
forward payments from the prisoner’s account to the clerk of the court each time the
amount in the account exceeds $10 until the filing fees are paid.”
28 U.S.C.
§ 1915(b)(2).
Accordingly, due to the binding order of our Tenth Circuit as well as the plain
language of 28 U.S.C. § 1915(b)(2), Plaintiff’s requests for this Court to stop deducting
payments deposited into his account by his family and for reimbursement must be denied.
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CONCLUSION
WHEREFORE, for the foregoing reasons, the Court hereby DENIES Plaintiff’s
Motion [Doc. 27]. In addition, the Court ORDERS the Clerk of the Court to serve a
copy of this Memorandum Opinion and Order on Plaintiff’s custodian.
SO ORDERED this 8th day of May, 2018 in Albuquerque, New Mexico.
___________________________
M. CHRISTINA ARMIJO
United States District Judge
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