Murray v. Southern New Mexico Correctional Facility et al
ORDER by Magistrate Judge Stephan M. Vidmar GRANTING 6 Plaintiff's Motion for Leave to Proceed in forma pauperis (am)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
No. 16-cv-0447 JCH/SMV
STAFF AT SOUTHWESTERN NEW MEXICO
LOUIS HERNANDEZ, K. HODGES,
FNU VIAZ, FNU SANCHEZ,
SUSANA MARTINEZ, and GREG MARCANTEL,
ORDER GRANTING LEAVE TO PROCEED WITHOUT
PREPAYMENT OF FEES OR COSTS
THIS MATTER is before the Court on the Application to Proceed in District Court
Without Prepayment of Fees and Costs, [Doc. 6], filed by Plaintiff Danny Murray on May 16,
2016, supplemented with the required six-month inmate account statements, [Doc. 15-1] at 16,
34, on August 5, 2016. Because the Court grants the Application, the filing fee for this civil
rights complaint is $350. Based on the information about Plaintiff’s financial status, the Court
will waive an initial partial payment pursuant to 28 U.S.C. § 1915(b)(1). Plaintiff is still required
to pay the full amount of the filing fee in monthly payments as set out, below, under
§ 1915(b)(1). Failure to comply with this order may result in dismissal without further notice.
IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff’s Application to
Proceed in District Court Without Prepayment of Fees and Costs [Doc. 6] is GRANTED, and
the initial payment is WAIVED; and
IT IS FURTHER ORDERED that Plaintiff file monthly financial certificates and make
monthly payments of 20% of the preceding month’s income credited to his account or show
cause why the payment should be excused; and the Clerk is directed to provide Plaintiff with two
copies of the post-filing financial certificate.
IT IS SO ORDERED.
STEPHAN M. VIDMAR
UNITED STATES MAGISTRATE JUDGE
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