Ordonez v. Smith et al

Filing 5

ORDER by District Judge Kenneth J. Gonzales denying 2 Motion for Leave to Proceed in forma pauperis. (tah)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JEREMIAH ORDONEZ,
Petitioner,
v.

No. 17-CV-00996-KG-SCY

KEN SMITH,
Respondent.
ORDER DENYING PETITIONER’S MOTION TO
PROCEED IN FORMA PAUPERIS
This matter is before the Court, sua sponte. On October 2, 2017, Petitioner Jeremiah
Ordonez submitted a Prisoner’s Motion And Affidavit For Leave To Proceed Pursuant to 28
U.S.C. § 1915, but he failed to list his assets and their value. (Doc. 2). On October 10, 2017, the
Court ordered Petitioner to cure this deficiency by submitting “an affidavit that lists his assets
and their value, including, but not limited to, any funds that currently exist in his prisoner
account.” (Doc. 4). The Court warned Petitioner that “[f]ailure to provide the financial
information required by § 1915(a)(1) may result in the denial of Petitioner’s motion without
further notice.” (Doc. 4).
Petitioner’s affidavit was due on or before November 9, 2017, but as of this date, he has
not submitted a completed affidavit or otherwise responded to the Court’s October 10, 2017,
Order To Cure Deficiency. In light of Petitioner’s failure to provide this Court with an affidavit
that “includes a statement of all such assets” he possesses as required by 28 U.S.C. § 1915(a)(1),
Petitioner’s Prisoner’s Motion and Affidavit For Leave To Proceed Pursuant to 28 U.S.C. § 1915
(Doc. 2) will be denied and Petitioner will be required to submit the $5 filing fee within thirty
(30) days of the date of entry of this order. Failure timely to pay the filing fee, or to show cause

for the failure to do so, may result in the dismissal of this action without further notice.
IT IS THEREFORE ORDERED Petitioner’s Prisoner’s Motion and Affidavit For Leave
To Proceed Pursuant to 28 U.S.C. § 1915 (Doc. 2) is DENIED;
IT IS FURTHER ORDERED that Petitioner submit the $5 filing fee, or show cause for
his failure to do so, within thirty (30) days of the date of entry of this order.
IT IS SO ORDERED.

___________________________________
UNITED STATES DISTRICT JUDGE

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