Lujan v. Tafoya et al

Filing 9

ORDER by Magistrate Judge Kevin R. Sweazea granting 3 Motion for Leave to Proceed in forma pauperis. (ldm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ANTHONY LUJAN,
Plaintiff,
v.

No. 24-cv-0468-WJ-KRS

ALISHA TAFOYA, et al,
Defendants.
ORDER GRANTING IN FORMA PAUPERIS MOTION
This matter is before the Court on Plaintiff’s Motion for Leave to Proceed In Forma
Pauperis (Doc. 3) (Motion). Plaintiff’s financial information reflects he is unable to prepay the
$405 filing fee for his prisoner civil rights complaint. The Court will therefore grant the Motion,
which reduces the fee to $350, and allow Plaintiff to pay in installments. See 28 U.S.C. § 1915(b).
Plaintiff must make an initial partial payment of “20 percent of the greater of …[his] average
monthly deposits … or (B) the average monthly balance” for the six-month period immediately
preceding this action. Id.
Plaintiff receives an average of $25.00 per month, which exceeds his average balance. See
Doc. 8 at 2. The Court will assess an initial payment of $5.00 (which is 20% of the average
deposits) pursuant to § 1915(b)(1)(A).

After payment of the initial partial fee, Plaintiff is

“required to make monthly payments of 20 percent of the preceding month’s income credited to
the prisoner’s account.” 28 U.S.C. § 1915(b)(2). The Court will generally not address the merits
of Plaintiff’s claims unless the initial partial payment is paid. If Plaintiff fails to timely make the
initial partial payment, his complaint may be dismissed without further notice.
IT IS ORDERED that Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (Doc.

3) is GRANTED;
IT IS FURTHER ORDERED that, within thirty (30) days from entry of this order,
Plaintiff shall send to the Clerk an initial partial payment of $5.00;
IT IS FURTHER ORDERED that the Clerk is directed to provide Plaintiff with two
copies of this order, and Plaintiff must make the necessary arrangements to attach one copy of this
order to the check in the amount of the initial partial payment;
IT IS FINALLY ORDERED that, after payment of the initial partial fee, Plaintiff must
make monthly payments of twenty percent (20%) of the preceding month’s income credited to his
account or show cause why the designated payments should be excused.
IT IS SO ORDERED this 24th day of October, 2024.
__________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

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