Martinez v. Horton et al

Filing 5

ORDER to Cure Defects by 2/2/2017 by Magistrate Judge Lourdes A. Martinez. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

JASON MARTINEZ,
Petitioner,
v.

No. 16-1280 RB/LAM

V. HORTON, et al.
Respondents.

SECOND ORDER TO CURE DEFICIENCY
Petitioner submitted an Application for Writ of Habeas Corpus Pursuant to 28 U.S.C.
§ 2254 [Doc. 1] on November 22, 2016. Following entry of an Order to Cure Deficiency
[Doc. 3], Petitioner filed an Application to Proceed in the District Court Without Prepaying Fees
or Costs [Doc. 4] on December 22, 2016. The Court determines that Petitioner’s Application to
Proceed is missing the required certified copy of Petitioner’s inmate account statement for the
6-month period immediately preceding this filing. See 28 U.S.C. § 1915(a)(2). Failure to cure
the designated deficiency within thirty (30) days from entry of this Order may result in
dismissal of this action without further notice.
IT IS THEREFORE ORDERED that within thirty (30) days from the date of this
Order Petitioner cure the designated deficiency by submitting the required certified copy of
Petitioner’s inmate account statement for the 6-month period immediately preceding this filing.
IT IS FURTHER ORDERED that, if Petitioner fails to cure the designated
deficiencies within thirty (30) days from the date of this order, this action may be dismissed
without prejudice without further notice.

IT IS SO ORDERED.

________________________________________
LOURDES A. MARTÍNEZ
UNITED STATES MAGISTRATE JUDGE