Chavez v. Hatch et al

Filing 9

ORDER by Magistrate Judge Lourdes A. Martinez GRANTING 6 , 7 , and 8 Motions for Leave to Proceed in forma pauperis, and to make payments or show cause. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
RUDY FERNANDO CHAVEZ JUNIOR,
Plaintiff,
v.

No. CV 17-0177 RB/LAM

TIMOTHY HATCH, et al.,
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 Plaintiff’s Motions for Leave to Proceed
Pursuant to 28 U.S.C. § 1915, filed by Plaintiff Rudy Fernando Chavez Junior on
February 27, 2017 (Doc. 6), March 2, 2017 (Doc. 7), and March 9, 2017 (Doc. 8). Because the
Court grants the applications, 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 analysis under § 1915(b)(1) of Plaintiff’s six-month inmate account
statement (Doc. 3 at 3-4), the Court finds that Plaintiff owes an initial partial payment of $13.45.
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 Motions for Leave to Proceed Pursuant
to 28 U.S.C. § 1915 [Doc. 6], [Doc. 7], and [Doc. 8] are GRANTED;

IT IS FURTHER ORDERED that, within thirty (30) days of entry of this Order,
Plaintiff send to the Clerk an initial partial payment of $13.45 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 $13.45 amount of the initial partial payment;
IT IS FINALLY ORDERED that, after payment of the $13.45 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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