Crespin v. Metropolitan Detention Center et al

Filing 4

ORDER TO SHOW CAUSE by Magistrate Judge Kevin R. Sweazea. Show Cause Response due by May 11, 2018. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

CHRISTOPHER LEE CRESPIN,
Plaintiff,
vs.

No. CV 18-00227 JCH/KRS

METROPOLITAN DETENTION CENTER,
and ABRAHAM GALLARDO,
Defendants.

ORDER TO SHOW CAUSE
THIS MATTER is before the Court sua sponte. Plaintiff, Christopher Lee Crespin, filed
this civil rights proceeding under 42 U.S.C. § 1983 on March 7, 2018. (Doc. 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. On March 12, 2018, the Court ordered Plaintiff to cure this
deficiency within 30 days by either paying the $400.00 filing fee or submitting an application to
proceed in forma pauperis. (Doc. 2). 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. (Doc. 2 at 1). The Court also sent Plaintiff the forms for submitting an application under §
1915. (Doc. 2 at 2). More than 30 days has elapsed since entry of the Court’s Order to Cure
Deficiency and Plaintiff has not paid the $400 filing fee, submitted an application to proceed
under § 1915, or otherwise responded to the Court’s March 12, 2018 Order.
Under 28 U.S.C. §§ 1914(a) and 1915(a), the Court is required collect the filing fee from
the Plaintiff or authorize Plaintiff to proceed without prepayment of the fee. Plaintiff has failed
to either pay the $400.00 filing fee or submit an application to proceed under § 1915. Therefore,
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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 12, 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 ORDERED that Plaintiff, Christopher Lee Crespin, show cause, within twenty-one
(21) days of entry of this Order, why his Prisoner’s Civil Rights Complaint should not be
dismissed for failure to prosecute or to comply with 28 U.S.C. §§ 1914 and 1915 and with the
Court’s March 12, 2018 Order to Cure Deficiency.

__________________________________
UNITED STATES MAGISTRATE JUDGE

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