Caouette v. Bernalillo County Metropolitan Detention Center, et al.

Filing 18

ORDER to Cure Defects by 11/27/2017 by Magistrate Judge Kevin R. Sweazea. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

DANIEL CAOUETTE,
Plaintiff,
vs.

No. CV 17-00523 MCA/KRS

BERNALILLO COUNTY METROPOLITAN DETENTION CENTER,
Defendant.

SECOND ORDER TO CURE DEFICIENCY
Plaintiff Daniel Caouette filed a Motion for Copies Free Process, in which he requests to
proceed in forma pauperis. (Doc. 13). The Court determined that Plaintiff’s submission is
deficient because it was not in proper form and did not include the information necessary for the
Court to determine whether Plaintiff may proceed in forma pauperis in federal court under 28
U.S.C. § 1915. On August 22, 2017, the Court entered an Order to Cure Deficiency, ordering
Plaintiff to cure this deficiency within thirty (30) days from entry of the Order by 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 6-month period immediately preceding
this filing. (Doc. 14)(emphasis added). See 28 U.S.C. § 1915(a)(2). The Court advised Plaintiff
that failure to cure the designated deficiency within thirty (30) days from entry of the Order may
result in denial of Plaintiff’s Motion for Copies Free Process without further notice.
On August 30, 2017, Plaintiff Caouette submitted an Application to Proceed in District
Court Without Prepaying Fees or Costs. (Doc. 16). However, the Application did not include

1

Plaintiff’s inmate account statement for the 6-month period immediately preceding this filing as
required by 28 U.S.C. § 1915(a)(2). Section 1915(a)(2) states:
A prisoner seeking to bring a civil action or appeal a judgment in
a civil action or proceeding without prepayment of fees or security
therefore . . . shall submit a certified copy of the trust fund account
statement (or institutional equivalent) for the prisoner for the
period immediately preceding the filing of the complaint . . .”
The Court may not grant Plaintiff Caouette leave to proceed without prepayment of fees or costs
unless Plaintiff provides the mandatory six-month inmate account statement. See 28 U.S.C. §
1915(b)(1)(B). The Court will, therefore, order that Plaintiff Caouette submit Plaintiff’s inmate
account statement for the 6-month period immediately preceding this filing within thirty (30)
days of entry of this Order. If Plaintiff does not submit the required inmate account statement
within thirty (30) days, the Court will deny his request to proceed in forma pauperis without
further notice.
IT IS ORDERED that within thirty (30) days of entry of this Order, Plaintiff submit a
certified copy of Plaintiff’s inmate account statement for the 6-month period immediately
preceding this filing.

_____________________________________
UNITED STATES MAGISTRATE JUDGE

2