Casillas v. Westerfield et al

Filing 6

ORDER granting 2 Motion for Leave to Proceed in forma pauperis and to make payments or show cause by Magistrate Judge Carmen E. Garza. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANTHONY CASILLAS,
Plaintiff,
v.

No. CV 17-1251 KG/CG

SGT. JAREN WESTERFIELD, et al.,
Defendants.
ORDER GRANTING LEAVE TO PROCEED
PURSUANT TO 28 U.S.C. § 1915(b),
AND TO MAKE PAYMENTS OR SHOW CAUSE
THIS MATTER is before the Court on Plaintiff Anthony Casillas’ Motion and
Affidavit For Leave to Proceed Pursuant to 28 U.S.C. § 1915, (Doc. 2), filed December
20, 2017, supplemented by Plaintiff’s six-month inmate account statement, (Doc. 5),
filed January 5, 2018. Because the Court grants the application, the filing fee for this
civil rights complaint is $350.00. Pursuant to § 1915(b)(1), Plaintiff is required to make
installment payments until the full amount of the filing fee is paid. Based on analysis
under § 1915(b)(1) of Plaintiff’s inmate account statement, (Doc. 5 at 4-5), the Court
finds that Plaintiff owes an initial partial payment of $17.44. If Plaintiff fails to make a
payment by the designated deadline or show cause why such payment should be
excused, the civil rights complaint may be dismissed without further notice.
IT IS THEREFORE ORDERED that the Plaintiff’s Motion and Affidavit For Leave
to Proceed Pursuant to 28 U.S.C. § 1915, (Doc. 2), is GRANTED;
IT IS FURTHER ORDERED that, by February 12, 2018, Plaintiff send to the
Clerk an initial partial payment of $17.44 or show cause why payment should be
excused;

IT IS FURTHER ORDERED that the Clerk is directed to provide Plaintiff with two
copies of this Order, and that Plaintiff make the necessary arrangements to attach one
copy of this Order to the check in the $17.44 amount of the initial partial payment;
IT IS FINALLY ORDERED that, after payment of the $17.44 initial partial fee,
Plaintiff make monthly payments of twenty per cent (20%) of the preceding month’s
income credited to his account or show cause why the designated payments should be
excused.

_________________________________
THE HONORABLE CARMEN E. GARZA
UNITED STATES MAGISTRATE JUDGE

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