Aragon v. Padilla et al
ORDER by Magistrate Judge Lourdes A. Martinez GRANTING 2 Motion to Proceed under 28 U.S.C. 1915. (atc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
CARLOS V. ARAGON,
No. 16cv1378 LH/LAM
JOE PADILLA, 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 (Doc. 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 $37.61 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 (Doc. 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 $37.61 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 FURTHER 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.
LOURDES A. MARTÍNEZ
UNITED STATES MAGISTRATE JUDGE
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