Wanton v. New Mexico Department of Corrections
ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis and to Make Payments or Show Cause by Magistrate Judge Gregory J. Fouratt. (kdj)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
Civ. No. 16-1058 JCH/GJF
NEW MEXICO DEPARTMENT
OF CORRECTIONS, et al.,
ORDER GRANTING LEAVE TO PROCEED
PURSUANT TO 28 U.S.C. § 1915(b),
AND TO MAKE PAYMENTS OR SHOW CAUSE
THIS MATTER is before the Court on Plaintiff’s Motion for Leave to Proceed Pursuant to
28 U.S.C. § 1915 [ECF No. 2]. Because the Court grants the application, the filing fee for this
civil rights complaint is $350.00.
Pursuant to § 1915(b)(1), Plaintiff is required to make
installment payments until the full amount of the filing fee is paid. Based on the information about
Plaintiff’s financial status, the Court finds that Plaintiff owes an initial partial payment of $17.98
pursuant to § 1915(b)(1). The Court will not review the merits of the civil rights complaint unless
the initial partial payment is paid or excused. If Plaintiff fails to make a payment by the
designated deadline or show cause why such payments should be excused, the civil rights
complaint may be dismissed without prejudice without further notice.
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Leave to Proceed Pursuant to
28 U.S.C. § 1915 [ECF No. 2] is GRANTED;
IT IS FURTHER ORDERED that, within thirty (30) days from entry of this order,
Plaintiff send to the Clerk an initial partial payment of $17.98 or show cause why the payment
should be excused;
IT IS FURTHER ORDERED that the Clerk is directed to provide Plaintiff with two
copies of this order, and that Plaintiff make the necessary arrangements to attach one copy of this
order to the check in the amount of the initial partial payment;
IT IS FINALLY ORDERED that, after payment of the initial partial fee, Plaintiff make
monthly payments of twenty per cent (20%) of the preceding month’s income credited to his
account or show cause why the designated payments should be excused.
IT IS SO ORDERED.
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE
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