Wiggins v. Hatch et al

Filing 7

ORDER DENYING IN FORMA PAUPERIS RELIEF by District Judge Kea W. Riggs. Plaintiff's 4 Application to Proceed in District Court without Prepaying Fees or Costs is DENIED. Plaintiff SHALL PREPAY the $402.00 filing fee within thirty (30) days from entry of this Order. (ve)

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Case 1:21-cv-00670-KWR-KBM Document 7 Filed 09/07/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO MATTHEW WIGGINS, Plaintiff, v. No. 1:21-cv-00670-KWR-KBM T. HATCH, et al, Defendants. ORDER DENYING IN FORMA PAUPERIS RELIEF THIS MATTER is before the Court on Plaintiff’s Motion to Proceed in Forma Pauperis (Doc. 4, supplemented by Doc. 6). He seeks to prosecute his Prisoner Civil Rights Complaint without prepaying the $402 filing fee. The Court may only grant such relief where an inmate’s “affidavit [and] … statement of … assets [demonstrates] that the [inmate] is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). Plaintiff’s financial statement reflects he has $1,070.97 in his inmate spending account. (Doc. 6 at 4). The Court will therefore deny the Motion. If Plaintiff wishes to prosecute this action, he must prepay the $402 filing fee within thirty (30) days of entry of this Order. The failure to timely comply will result in the dismissal of this action without prejudice. IT IS ORDERED that Plaintiff’s Motion to Proceed in Forma Pauperis (Doc. 4, supplemented by Doc. 6) is DENIED; and Plaintiff shall prepay the $402 filing fee within thirty (30) days from entry of this Order. IT IS SO ORDERED. Case 1:21-cv-00670-KWR-KBM Document 7 Filed 09/07/21 Page 2 of 2 __________________________________ KEA W. RIGGS UNITED STATES DISTRICT JUDGE 2

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