Smith et al v. Corrections Corporation of America et al

Filing 28

ORDER by Magistrate Judge Gregory J. Fouratt granting 2 , 7 , 8 Motions for Leave to Proceed in forma pauperis. (kdj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
CARTRELL R. SMITH SR.,
JASON LUTZ, and
ROBERT ORGAN,
Plaintiffs,
v.

Civ. No. 16-1201 MCA/GJF

CORRECTIONS CORP. OF AMERICA
TORRANCE COUNTY, and
CHAD MILLER,
Defendants.
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 the Application to Proceed in District Court Without
Prepaying Fees or Costs filed by Plaintiff Cartrell Smith Sr. [ECF No. 2], the Application to
Proceed in District Court Without Prepaying Fees or Costs filed by Plaintiff Jason Lutz [ECF
No. 7], and the Application to Proceed in District Court Without Prepaying Fees or Costs filed
by Plaintiff Robert Organ [ECF No. 8]. Because the Court grants the application, the filing fee
for this civil rights complaint is $350.00. Pursuant to § 1915(b)(1), Plaintiffs are required to
make installment payments until the full amount of the filing fee is paid. Based on analysis
under § 1915(b)(1) of Plaintiffs’ inmate account statements, the Court finds that Plaintiff Robert
Organ owes an initial partial payment of $17.41 and Plaintiff Jason Lutz owes an initial partial
payment of $25.03. The Court will waive an initial partial payment for Plaintiff Cartrell Smith
Sr. If Plaintiffs fail to make a payment by the designated deadline or show cause why such
payment should be excused, the civil rights complaint may be dismissed without further notice.

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IT IS ORDERED that the Application to Proceed in District Court Without Prepaying
Fees or Costs filed by Plaintiff Cartrell Smith Sr. [ECF No. 2], the Application to Proceed in
District Court Without Prepaying Fees or Costs filed by Plaintiff Jason Lutz [ECF No. 7], and
the Application to Proceed in District Court Without Prepaying Fees or Costs filed by Plaintiff
Robert Organ [ECF No. 8] are GRANTED.
IT IS FURTHER ORDERED that, within thirty (30) days of entry of this Order,
Plaintiff Robert Organ shall send to the Clerk an initial partial payment of $17.41 or show cause
why payment should be excused and Plaintiff Jason Lutz shall send to the Clerk an initial partial
payment of $25.03 or show cause why payment should be excused.
IT IS FURTHER ORDERED that the Clerk is directed to provide Plaintiffs Organ and
Lutz with two copies of this Order, and that Plaintiffs Organ and Lutz 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 fees, Plaintiffs
make monthly payments of twenty per cent (20%) of the preceding month’s income credited to
their accounts until the fee is paid in full 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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