Maldonado v. Townsend et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
STEVEN L. MALDONADO,
Plaintiff,
v.
No. 25-cv-1164-DHU-SCY
J. TOWNSEND, 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. 2) (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 Motions,
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’s financial statement reflects that he receives an average of $21.50 per month,
which exceeds his average balance. 	See Doc. 2 at 4. 	The Court will assess an initial payment of
$4.30 (which is 20% of his average deposits) pursuant to § 1915(b)(1). 	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
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further notice.
IT IS ORDERED that Plaintiff’s Motions for Leave to Proceed In Forma Pauperis (Doc.
2) 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 $4.30;
IT IS FURTHER ORDERED that the Clerk is directed to provide Plaintiff with two
copies of this order, and that Plaintiff 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 shall
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.
____________________________________
UNITED STATES MAGISTRATE JUDGE
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