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Ervin v. United States

United States District Court, District of New Mexico
Feb 4, 2022
CV 21-00949 JB/JHR (D.N.M. Feb. 4, 2022)

Opinion

CV 21-00949 JB/JHR

02-04-2022

MICHAEL W. ERVIN, Plaintiff, v. UNITED STATES, and INTERNAL REVENUE SERVICE, Defendants.


ORDER TO CURE DEFICIENCY

Plaintiff has submitted a civil rights complaint. The Court determines that Plaintiff's submission is deficient because Plaintiff has not paid the $402.00 filing fee or filed an Application to Proceed in District Court Without Prepaying Fees or Costs in proper form. Plaintiff has submitted an Affidavit of Indigency (Doc. 2) that does not comply with the requirements under 28 U.S.C. § 1915 for proceeding in forma pauperis in federal court. Although titled “Affidavit”, Doc. 2 is not sworn or made under penalty of perjury and does not include the financial information required by §§ 1915(a). Plaintiff must cure this deficiency within thirty (30) days from entry of this Order by either paying the full $402.00 civil filing fee or submitting a proper Application to Proceed in District Court Without Prepaying Fees or Costs. Plaintiff has already submitted, and need not resubmit, a copy of Plaintiff's inmate account statement for the 6-month period immediately preceding this filing. (Doc. 3). See 28 U.S.C. § 1915(a)(2). Failure to cure the designated deficiency within thirty (30) days from entry of this Order may result in dismissal of this action without further notice.

IT IS ORDERED that within thirty (30) days of entry of this Order, Plaintiff either pay the full $402.00 civil filing fee or submit a proper Application to Proceed in District Court Without Prepaying Fees or Costs that includes the affidavit and information required under § 1915(a); and the Clerk is directed to mail to Plaintiff a copy of this order and 2 copies of an Application to Proceed in District Court Without Prepaying Fees or Costs with instructions.


Summaries of

Ervin v. United States

United States District Court, District of New Mexico
Feb 4, 2022
CV 21-00949 JB/JHR (D.N.M. Feb. 4, 2022)
Case details for

Ervin v. United States

Case Details

Full title:MICHAEL W. ERVIN, Plaintiff, v. UNITED STATES, and INTERNAL REVENUE…

Court:United States District Court, District of New Mexico

Date published: Feb 4, 2022

Citations

CV 21-00949 JB/JHR (D.N.M. Feb. 4, 2022)