Taylor v. City of Carlsbad

Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

MICKEY RAY TAYLOR,

Plaintiff,

v. No. 20-cv-536 KG-KBM

CITY OF CARLSBAD, et al.,

Defendants.

ORDER EXTENDING PAYMENT DEADLINE

This matter is before the Court on Plaintiff Mickey Ray Taylor’s response (Doc. 6) to the Order Granting Leave to Proceed In Forma Pauperis (Doc. 5). In its Order, the Court set a deadline of August 31, 2020, to make an initial partial payment of $6.52. Doc. 5 at 2. 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. at 1. In his response, Plaintiff states that his mother and fiancé depend on his financial contributions and have struggled to pay the bills, particularly since they had to purchase another vehicle. Doc. 6 at 2. Plaintiff does not wish to spend a portion of his monthly income on this litigation, in light of these obligations. However, in enacting the in forma pauperis statute, Congress determined that 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). The Tenth Circuit counsels that “[w]hen a prisoner has sufficient income to pay a monthly partial filing fee and instead spends his money on [other] amenities,” the Court cannot excuse “the failing to make the required partial payments.” /d. In accordance with Cosby, the Court will extend the deadline to make an initial partial payment to September 28, 2020, rather than excusing it entirely. If Plaintiff fails to timely make the $6.52 payment, the Court will dismiss this case without further notice. IT IS ORDERED that the deadline for Plaintiff to make his initial partial payment of $6.52 is extended through September 28, 2020.

re Other