Apodaca et al v. New Mexico Corrections Department et al

Filing 7

ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 2 Plaintiff's Application to Proceed in Forma Pauperis. Plaintiff must make an initial partial payment or show cause why payment should be excused no later than March 23, 2018. (sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
VICTOR ANDREW APODACA and
JOHN DOES,
Plaintiffs,
v.

No. 18-cv-0108 MV/SMV

NEW MEXICO CORRECTIONS DEPARTMENT,
DAVID JABLONSKI, GEO GROUP, INC.,
DAVID BOWEN, FNU GONZALES, FNU VIGIL,
REGINA TRUJILLO, AMBERLY WARD,
FNU NEWTON, JOHN/JANE DOE, and
FNU BROCK,
Defendants.
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS
THIS MATTER is before the Court on Plaintiff’s Motion to Proceed In Forma Pauperis
[Docs. 2, 5], filed February 1, 2018. 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. See 28 U.S.C. § 1915(b).
Plaintiff must 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.

Thereafter, Plaintiff is “required to make monthly payments of 20 percent of the preceding
month’s income credited to the prisoner’s account.” 28 U.S.C. § 1915(b)(2).
Plaintiff’s inmate account statement reflects that his average monthly deposits are $68.73,
and his average monthly account balance is $21.65. [Doc. 5]. The Court will assess an initial

payment of $13.75 (which is 20% of the greater figure, $68.73) pursuant to § 1915(b)(1)(A). The
Court will generally not review the merits of Plaintiff’s civil rights complaint unless the initial
partial payment is paid or excused. If Plaintiff fails to timely make the initial partial payment, his
complaint may be dismissed without further notice.
IT IS THEREFORE ORDERED that Plaintiff’s Motion to Proceed In Forma Pauperis
[Docs. 2, 5] is GRANTED.
IT IS FURTHER ORDERED that, within 30 days from entry of this Order, Plaintiff send
to the Clerk an initial partial payment of $13.75 or show cause why the payment should be
excused.
IT IS FURTHER ORDERED that the Clerk 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 amount of the initial partial payment.
IT IS FURTHER ORDERED that, after payment of the initial partial fee, Plaintiff make
monthly payments of 20% of the preceding month’s income credited to his account or show cause
why the designated payments should be excused.
IT IS SO ORDERED.

_____________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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