Lee v. Central New Mexico Correctional Facility et al

Filing 2

ORDER to Cure Defects by Chief Magistrate Judge Carmen E. Garza. Cure defects by 11/13/2020. The Clerk's Office is directed to mail Plaintiff a copy of this Order, two copies of an Application to Proceed IFP, and two copies of the form prisoner civil rights complaint under Section 1983. (crc)

Case 1:20-cv-01047-RB-CG Document 2 Filed 10/13/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MICHAEL ROY LEE,
Plaintiff,
v.

CV No. 20-1047 RB/CG

CENTRAL NEW MEXICO
CORRECTIONAL FACILITY, et al.,
Defendants.
ORDER TO CURE DEFICIENCIES
THIS MATTER is before the Court on Plaintiff’s handwritten civil rights complaint,
which asserts claims under 42 U.S.C. § 1983. (Doc. 1). Plaintiff is currently in the
custody of the Central New Mexico Correctional Facility. Id. at 1. Plaintiff’s letter raises
claims based on the conditions of his transport and confinement. Id. at 1-2.
The Court finds Plaintiff’s filing is deficient for two reasons. First, Plaintiff’s filing is
not in proper form or signed under penalty of perjury by Plaintiff, as required by Fed. R.
Civ. P. 11(a). Second, Plaintiff failed to prepay the $400 filing fee, or alternatively, file an
Application to Proceed in District Court Without Prepaying Fees or Costs with a sixmonth account statement. See 28 U.S.C. §§ 1914 and 1915(a). Plaintiff must cure these
deficiencies if he wishes to pursue his claims. Plaintiff must prepay the $400 filing fee,
or alternatively, file an Application to Proceed in District Court Without Prepaying Fees
or Costs along with a six-month account statement. Plaintiff must also refile an
individual complaint on the proper § 1983 form. These deficiencies must be cured within
thirty (30) days of entry of this Order. Plaintiff must include the civil action number (CV
20-1047 RB/CG) on all papers he files in this proceeding. If Plaintiff fails to cure these

Case 1:20-cv-01047-RB-CG Document 2 Filed 10/13/20 Page 2 of 2

deficiencies within thirty (30) days, the Court may dismiss this proceeding without
further notice.
IT IS THEREFORE ORDERED that by November 13, 2020, Plaintiff shall: (1)
refile his claims on the proper § 1983 form; and (2) either prepay the $400 filing fee or
submit an Application to Proceed in District Court Without Prepaying Fees or Costs
along with a certified copy of Plaintiff’s inmate account statement for the six-month
period immediately preceding this filing.
IT IS FURTHER ORDERED that the Clerk shall mail to Plaintiff a copy of this
Order, two (2) copies of a form § 1983 complaint, and two (2) copies of an Application to
Proceed in District Court Without Prepaying Fees or Costs with instructions.
IT IS SO ORDERED.

______________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE

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