Trujillo v. Curry County Adult Detention Center

Filing 8

ORDER granting 4 Motion to Proceed under 28 U.S.C. 1915 by Chief Magistrate Judge Carmen E. Garza. The Clerk's Office is directed to mail Plaintiff two copies of this Order. (crc)

Case 2:20-cv-00627-KWR-CG Document 8 Filed 02/16/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MANUEL TRUJILLO,
Plaintiff,
v.

No. CV 20-627 KWR/CG

CURRY COUNTY DETENTION CENTER,

Defendant.
ORDER GRANTING LEAVE TO PROCEED PURSUANT TO 28 U.S.C. § 1915(b)
AND TO MAKE PAYMENTS OR SHOW CAUSE
THIS MATTER is before the Court on Plaintiff Manuel Trujillo’s Application to
Proceed in District Court without Prepaying Fees or Costs, (the “Application”), in this
civil rights action, (Doc. 4), and his Motion to Reconsider Forma Pauperis, (Doc. 5), both
filed on July 16, 2020. Based on analysis of the Application and the inmate account
statement, (Doc. 7), the Court grants Mr. Trujillo leave to proceed under 28 U.S.C. §
1915(a) and (b). Because the Court grants the Application, the filing fee for this civil
rights complaint is $350.00. Pursuant to § 1915(b)(1), Mr. Trujillo is required to make
installment payments until the full amount of the filing fee is paid.
Mr. Trujillo’s inmate account statement shows total deposits over the six-month
period preceding filing in the amount of $534.00 for an average monthly deposit of
$89.00. (Doc. 7 at 2-9). Therefore, analyzing his inmate account statement, (Doc. 7),
under § 1915(b)(1), the Court finds that Mr. Trujillo owes an initial partial payment of
$17.80 (20% of $89.00). If Mr. Trujillo fails to make a payment by the designated
deadline or show cause why such payment should be excused, the civil rights complaint
may be dismissed without further notice.

Case 2:20-cv-00627-KWR-CG Document 8 Filed 02/16/21 Page 2 of 2

Finally, Mr. Trujillo filed his Motion to Reconsider Forma Pauperis, (Doc. 5), prior
to any ruling by this Court regarding leave to proceed in forma pauperis. Because there
was no ruling for the Court to reconsider at that time, the Court will deny the Motion.
IT IS THEREFORE ORDERED that Mr. Trujillo’s Application to Proceed in
District Court without Prepaying Fees or Costs, (Doc. 4), is GRANTED.
IT IS FURTHER ORDERED that by March 17, 2021, Mr. Trujillo send to the
Clerk an initial partial payment of $17.80 or show cause why payment should be
excused.
IT IS FURTHER ORDERED that the Clerk is directed to provide Mr. Trujillo with
two copies of this Order, and that Mr. Trujillo make the necessary arrangements to
attach one copy of this Order to the check in the $17.80 amount of the initial partial
payment.
IT IS FINALLY ORDERED that, after payment of the $17.80 initial partial fee, Mr.
Trujillo make monthly payments of twenty per cent (20%) of the preceding month’s
income credited to his account or show cause why the designated payments should be
excused.
IT IS FURTHER ORDERED that Mr. Trujillo’s Motion to Reconsider Forma
Pauperis, (Doc. 5), is DENIED.
IT IS SO ORDERED.

THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE

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