Dickey v. Curry County Adult Detention Center

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO NATHAN DICKEY, Plaintiff, v. No. CV 20-656 JB/CG 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 (the “Motion”), (Doc. 6). In that Order, (Doc. 5), the Court set a deadline of September 27, 2020, to make an initial partial payment of $46.73. Id. 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 any amount because he has been incarcerated since November of 2019. (Doc. 6 at 1). The Motion does not elaborate further, or contest the prior determination regarding his income, aside from stating his family is unable to provide much help. 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 [other] amenities” such as “the prison canteen,” the Court cannot excuse “the failing to make the required partial payments.” /d. Accordingly, the Court shall extend the deadline to make an initial partial payment to October 27, 2020, rather than excusing it entirely. If Plaintiff fails to timely submit the $46.73 payment, the Court will dismiss this case without further notice.

IT IS ORDERED that the Motion to Reconsider, (Doc. 6), is DENIED IN PART, and the deadline for Plaintiff to make his $46.73 partial payment is extended through October 27, 2020.

IT IS SO ORDERED.

CHIEF UNITED STATES MAGISTRATE JUDGE