Franklin v. Lucero

Filing 4

ORDER TO SHOW CAUSE by Magistrate Judge Kevin R. Sweazea. Show Cause Response due by June 4, 2018. (sls)

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

BRYCE FRANKLIN,
Petitioner,
vs.

No. CV 18-00413 JCH/KRS

ALISHA LUCERO,
Respondent.

ORDER TO CURE DEFICIENCY
Petitioner has submitted a habeas corpus petition. The Court determines that Petitioner’s
submission is deficient because Petitioner has not paid the $5 filing fee or filed an Application to
Proceed in District Court Without Prepaying Fees or Costs. When Petitioner instituted this
proceeding, he sent a transmittal letter indicating that he was enclosing “a 5$ filing fee.” (Doc.
2). However, no $5 filing fee was enclosed, and Petitioner did not submit an Application to
Proceed in forma pauperis. Petitioner must cure this deficiency within thirty (30) days from
entry of this Order by either paying the full $5 filing fee or submitting an Application to Proceed
in District Court Without Prepaying Fees or Costs including a certified copy of Petitioner’s
inmate account statement for the 6-month period immediately preceding this filing. See 28
U.S.C. § 1915(a)(2). Failure to cure the designated deficiency within thirty (30) days from entry
of this Order may result in dismissal of this action without further notice.
IT IS ORDERED that within thirty (30) days of entry of this Order, Petitioner either pay
the full $5 filing fee or submit an Application to Proceed in District Court Without Prepaying
Fees or Costs that includes a certified copy of Petitioner’s inmate account statement for the 6-

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month period immediately preceding this filing; and the Clerk is directed to mail to Petitioner a
copy of this order and two (2) copies of an Application to Proceed in District Court Without
Prepaying Fees or Costs with instructions.

__________________________________
UNITED STATES MAGISTRATE JUDGE

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