Salazar v. State of New Mexico et al

Filing 5

ORDER by Magistrate Judge Kevin R. Sweazea granting 3 Motion to Proceed under 28 U.S.C. 1915. (sls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MICHAEL SALAZAR, Plaintiff, v. No. 1:17-cv-01078 MCA/KRS STATE OF NEW MEXICO, NEW MEXICO CORRECTIONS DEPARTMENT, NORTHEASTERN NEW MEXICO DETENTION CENTER, GEO-CORP., CORIZON, AND DR. MARK E. WALDEN Defendants. ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS Before the Court is Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. 3) filed in connection with his prisoner civil rights complaint. Plaintiff’s financial information reflects he is unable to prepay the $400.00 filing fee for this action. The Court will therefore grant the motion, which reduces the fee to $350.00, and allow Plaintiff to pay in installments. 28 U.S.C. § 1915(b)(1). Ordinarily, Plaintiff would be required to make an initial partial payment of “20 percent of the greater of—(A) the average monthly deposits to the prisoner’s account; or (B) the average monthly balance in the prisoner’s account for the 6-month period immediately preceding the filing of the complaint…” Id. However, because that amount is $3.00 and Plaintiff has, at most, $23.31 in his account, the Court will waive the initial partial payment. 28 U.S.C. § 1915(b)(1), (2). Plaintiff is reminded that he must still pay the $350.00 filing fee at a later time and must make monthly payments equal to 20% of the preceding month’s income credited to his inmate account. 28 U.S.C. § 1915(b)(2). Accordingly, it is ORDERED that Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. 3) is GRANTED; and the initial partial payment is WAIVED. It is FURTHER ORDERED that starting December 15, 2017, Plaintiff shall make monthly payments of twenty percent (20%) of the preceding month’s income credited to his account or show cause why the designated payments should be excused. ____________________________________ UNITED STATES MAGISTRATE JUDGE 2

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