Garcia v. Garcia et al

Filing 2

ORDER to Cure Deficiency by Magistrate Judge Stephan M. Vidmar. Plaintiff must pay the filing fee or file an Application to Proceed in District Court Without Prepaying Fees or Costs no later than February 3, 2017. (sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DAVID ISAAC GARCIA,
Plaintiff,
v.

No. 16-cv-1407 WJ/SMV

JASON GARCIA, FNU CHAVIRA,
FNU ALIMON, and JOHN DOE,
Defendants.
ORDER TO CURE DEFICIENCY
Plaintiff has submitted a civil rights complaint. [Doc. 1]. The Court determines that
Plaintiff’s submission is deficient because Plaintiff has not paid the $400 filing fee or filed an
Application to Proceed in District Court Without Prepaying Fees or Costs. Plaintiff must cure
this deficiency within 30 days from entry of this Order by either paying the full $400 civil filing
fee or submitting an Application to Proceed in District Court Without Prepaying Fees or Costs
including a certified copy of Plaintiff’s inmate account statement for the six-month period
immediately preceding this filing. See 28 U.S.C. § 1915(a)(2). Plaintiff must include the civil
action number (16-cv-1407 WJ/SMV) on all papers that he files in this proceeding. Failure to
cure the designated deficiency within 30 days from entry of this Order may result in dismissal of
this action without further notice.
IT IS THEREFORE ORDERED that within 30 days of entry of this Order, Plaintiff
either pay the full $400 civil filing fee or submit an Application to Proceed in District Court
Without Prepaying Fees or Costs that includes a certified copy of Plaintiff’s inmate account
statement for the six-month period immediately preceding this filing.

IT IS FURTHER ORDERED that the Clerk is directed to mail to Plaintiff, together
with a copy of this order, two copies of an Application to Proceed in District Court Without
Prepaying Fees or Costs with instructions.
IT IS SO ORDERED.

_____________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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