Jimenez v. Curry County Adult Detention Center

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JAVIER JIMENEZ, Plaintiff, v. Civ. No. 20-742 WJ-GJF CURRY COUNTY ADULT DETENTION CENTER, Defendant.

ORDER EXTENDING PAYMENT DEADLINE This matter is before the Court on Plaintiff Javier Jimenez’s motion to reconsider the Order Granting Leave to Proceed In Forma Pauperis [ECF 4, 5]. In that Order, the Court set a deadline of September 11, 2020 to make an initial partial payment of $12.00. The payment is required by statute, as Plaintiff filed a civil complaint while incarcerated. See 28 U.S.C. § 1915(b)(1). The amount represents “20 percent of the greater of—(A) the average monthly deposits to the prisoner’s account; or (B) the average monthly balance in the prisoner’s account for the 6-month period immediately preceding the filing of the complaint…” Id. In his motion, Plaintiff states he cannot afford to pay $12.00 “due to his families ordering care packs.” [ECF 5 at 1]. The motion does not elaborate further, but the original in forma pauperis application states his mother gave him money “for commissary.” [ECF 3 at 1]. It appears Plaintiff wishes to spend his money on care packages, rather than this litigation.

However, in enacting the in forma pauperis statute, Congress determined prisoners must “bear some marginal cost for each legal activity” and “feel the deterrent effect created by liability for filing fees.” Cosby v. Meadors, 351 F.3d 1324, 1327 (10th Cir. 2003) (quotations omitted). “[W]hen a prisoner has sufficient income to pay a monthly partial filing fee and instead spends his money on amenities at the prison canteen,” the Court cannot excuse “the failing to make the required partial payments.” Jd. Accordingly, the Court will extend the deadline to make an initial partial payment to September 22, 2020, rather than excusing it entirely. If Plaintiff fails to timely submit the $12.00 payment, the Court will dismiss this case without further notice.

IT IS ORDERED that the Motion to Reconsider [ECF 5] is DENIED; and the deadline for Plaintiff to make his $12.00 partial payment is extended through September 22, 2020.

SO ORDERED. wet Ap # ea = / CHUA THE HONORABLE GREGORY J. FOURATT UNITED‘STATES MAGISTRATE JUDGE