Dunn v. Scramblen

Filing 3

ORDER to Cure Defects by Magistrate Judge Kevin R. Sweazea. Plaintiff shall cure defects within thirty days of the entry of this order. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
WOODROW DUNN JR.,
Plaintiff,
vs.

No. CV 18-00441 RB/KRS

DA ERIK SCRAMBLEN,
Defendant.
ORDER TO CURE DEFICIENCY
Plaintiff has submitted a civil rights complaint. The Court determines that Plaintiff’s
submission is deficient because Plaintiff has not paid the $400.00 filing fee or filed an
Application to Proceed in District Court Without Prepaying Fees or Costs in proper form.
Plaintiff has submitted a New Mexico state court form Application for Free Process (Doc. 2) that
does not comply with the requirements under 28 U.S.C. § 1915 for proceeding in forma pauperis
in federal court. Plaintiff must cure this deficiency within thirty (30) days from entry of this
Order by either paying the full $400.00 civil filing fee or submitting a proper Application to
Proceed in District Court Without Prepaying Fees or Costs including a certified copy of
Plaintiff’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, Plaintiff either pay
the full $400.00 civil filing fee or submit a proper Application to Proceed in District Court
Without Prepaying Fees or Costs that includes a certified copy of Plaintiff’s inmate account
statement for the 6-month period immediately preceding this filing; and the Clerk is directed to

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mail to Plaintiff a copy of this order and two copies of an Application to Proceed in District
Court Without Prepaying Fees or Costs with instructions.

_____________________________________
UNITED STATES MAGISTRATE JUDGE

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