Mayfield v. Presbyterian Hospital Administration et al
ORDER by Magistrate Judge Kevin R. Sweazea granting 2 Motion to Proceed under 28 U.S.C. 1915 (cbf)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
EARL R. MAYFIELD,
No. CV 17-00398 MCA/KRS
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 the Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 filed by Plaintiff Earl R. Mayfield (Doc. 2), supplemented
by his inmate account statement (Doc. 3, 4). 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 analysis
under § 1915(b)(1) of Plaintiff’s inmate account statement (Doc. 5), the Court finds that Plaintiff
owes an initial partial payment of $28.08. If Plaintiff fails to make a payment by the designated
deadline or show cause why such payment should be excused, the civil rights complaint may be
dismissed without further notice.
IT IS THEREFORE ORDERED that the Prisoner’s Motion and Affidavit for Leave to
Proceed Pursuant to 28 U.S.C. § 1915 filed by Plaintiff Earl R. Mayfield (Doc. 2) is 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 $28.08 or show cause why payment should be
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 $28.08 amount of the initial partial payment;
IT IS FINALLY ORDERED that, after payment of the $28.08 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.
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
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