Garcia v. Garcia et al
ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 4 Plaintiff's Motion for Leave to Proceed Pursuant to 28 U.S.C. 1915(b) and ORDERING Plaintiff to make payments or show cause why payment should be excused. (sg)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DAVID ISAAC GARCIA,
No. 16-cv-1407 WJ/SMV
JASON GARCIA, FNU CHAVIRA,
FNU ALIMON, and JOHN DOE,
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 Application to Proceed in District
Court Without Prepaying Fees or Costs [Doc. 4], supplemented by Plaintiff’s six-month inmate
account statement [Docs. 5–7]. Because the Court grants the application, the filing fee for this
civil rights complaint is $350. Pursuant to § 1915(b)(1), Plaintiff is required to make installment
payments until the full amount of the filing fee is paid. Based on analysis under § 1915(b)(1) of
Plaintiff’s six-month inmate account statement [Docs. 5–7], the Court finds that Plaintiff owes an
initial partial payment of $10.15. 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 further notice.
IT IS THEREFORE ORDERED that Plaintiff’s Application to Proceed in District
Court Without Prepaying Fees or Costs [Doc. 4] is GRANTED.
IT IS FURTHER ORDERED that, within 30 days of entry of this Order, Plaintiff send
to the Clerk an initial partial payment of $10.15 or show cause why 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 $10.15 amount of the initial partial payment.
IT IS FURTHER ORDERED that, after payment of the $10.15 initial partial fee,
Plaintiff make monthly payments of 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.
STEPHAN M. VIDMAR
United States Magistrate Judge
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