Torrez v. Centurian, LLC et al

Filing 6

ORDER TO SHOW CAUSE by Magistrate Judge Gregory J. Fouratt. Show Cause Response due by 7/5/2018. (sr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
ROBERT TORREZ,
Plaintiff,
vs.

No. CV 17-843 MV/GJF

CENTURIAN, LLC, et al.,
Defendants.
ORDER TO SHOW CAUSE
THIS MATTER is before the Court sua sponte. Plaintiff, Robert Torrez, filed this civil
rights proceeding under 42 U.S.C. § 1983 on August 17, 2017. ECF No. 1. Plaintiff did not pay
the $400.00 filing fee or submit an application to proceed without prepayment of fees or costs
pursuant to 28 U.S.C. § 1915. Plaintiff did submit a copy of his six-month inmate account
statement, but did not file an application to proceed in District Court without prepaying fees or
costs. ECF No. 3. On March 30, 2018, the Court ordered Plaintiff to cure this deficiency within
30 days by submitting an application to proceed in forma pauperis. ECF No. 5. The Order
advised Plaintiff that, if he failed to cure the deficiency within the 30-day time period, the Court
could dismiss this proceeding without further notice. Id. at 1. The Court also sent Plaintiff the
forms and instructions for submitting an application under § 1915. Id. at 2. More than 30 days
has elapsed since entry of the Court’s Order to Cure Deficiency and Plaintiff has not submitted
an application to proceed under § 1915, or otherwise responded to the Court’s February 22, 2018
Order.
Under 28 U.S.C. §§ 1914(a) and 1915(a), the Court is required to collect the filing fee
from the Plaintiff or authorize Plaintiff to proceed without prepayment of the fee. Section

1

1915(a) provides that the Court may authorize commencement of a civil case without
prepayment of fees:
. . . by a person who submits an affidavit that includes a statement of all assets
such prisoner possesses that the person is unable to pay such fees or give security
therefor. Such affidavit shall state the nature of the action, defense, or appeal and
affiant’s
belief
that
the
person
is
entitled
to
redress.
28 U.S.C. § 1915(a). The form application sent to Plaintiff by the Court with the March 30,
2018 Order contains the affidavit required by § 1915(a). Without the affidavit required by §
1915(a), the Court may not authorize Plaintiff to proceed with this action without prepaying the
filing fee.
Plaintiff has failed to either pay the $400.00 filing fee or submit an application to proceed
under § 1915. Therefore, the Court will order Plaintiff to show cause within twenty-one (21)
days of the date of entry of this Order why this proceeding should not be dismissed for failure to
comply with the requirements of 28 U.S.C. §§ 1914 and 1915 and with the Court’s March 30,
2018 Order to Cure Deficiency. If Plaintiff does not show cause within twenty-one (21) days,
the Court may dismiss this case without further notice.
IT IS HEREBY ORDERED that Plaintiff Robert Torrez show cause within twenty-one
(21) days of the entry of this Order why his Complaint for Violation of Civil Rights should not
be dismissed for failure to comply with 28 U.S.C. §§ 1914 and 1915 and failure to comply with
the Court’s March 30, 2018 Order to Cure Deficiency.
IT IS SO ORDERED.

_______________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

2