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

Filing 20

ORDER by Magistrate Judge Kevin R. Sweazea granting 13 Motion for Copies and granting 16 Motion for Leave to Proceed In Forma Pauperis. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
DANIEL P. CAOUETTE,
Plaintiff,
vs.

No. CV 17-00523 MCA/KRS

BERNALILLO COUNTY METROPOLITAN
DETENTION CENTER and STATE OF NEW
MEXICO,
Defendants.
ORDER GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915(b)
THIS MATTER is before the Court upon Plaintiff’s Motion for Copies Free Process
(Doc. 13), Application to Proceed Without Prepayment of Fees and Costs (Doc. 16), and sixmonth inmate account statement (Doc. 19). This case was removed from State Court and the
initial filing fee was paid by the removing Defendant. However, Plaintiff has sought leave to
proceed in forma pauperis for purposes of any other fees or costs of this proceeding. The Court
has reviewed Plaintiff’s Application and six-month inmate account statement and determines that
Plaintiff is unable to pay fees or costs or to give security therefore, and the Court will grant
Plaintiff’s Application under 28 U.S.C. § 1915(b).
In his Motion for Copies Free Process, filed August 21, 2017, Plaintiff asks the Court for
any documents numbered “13 or higher.” (Doc. 13). When filed, however, Plaintiff’s motion
was docketed as document 13 and was the “highest” numbered document on the docket.
Plaintiff also requests any rulings on his motions. To date, the instant order is the only such
ruling. Accordingly, the only document which meets the requirements set forth in Plaintiff’s
motion, as well as the filing timeframe, is Plaintiff’s Motion for Copies Free Process.
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IT IS, THEREFORE, ORDERED that the Application to Proceed Without Prepayment
of Fees and Costs filed by Plaintiff Daniel Caouette (Doc. 16) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Copies Free Process (Doc. 13)
is GRANTED. The Clerk is directed to mail to Plaintiff a copy of this order and a copy of his
Motion for Copies Free Process (Doc. 13).

___________________________________
UNITED STATES MAGISTRATE JUDGE

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