Horob v. Federal Bureau of Prisons et al

Filing 6

ORDER TO CLOSE FILE. Signed by Judge Richard F. Cebull on 5/9/2012. Mailed to Horob. (TAG, )

THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BILLINGS DIVISION

TODD KENNETH HOROB,

Cause No. CV 12-00041-BLG-RFC-CSO

Plaintiff,
vs.

ORDER TO CLOSE FILE

FEDERAL BUREAU OF PRISONS and
EMPLOYEES OF THE UNITED
STATES DEPARTMENT OF JUSTICE,
Defendants.
Plaintiff Todd Kenneth Horob, a federal prisoner proceeding pro se,
submitted what was liberally construed as a civil complaint. The word
"Complaint" appeared at the top of the document, Mr. Horob was listed as the
plaintiff and the named defendants were listed as the "Federal Bureau of Prisons
and Employ's The United States Department of Justice." (Doc. 1).
Horob did not submit a motion to proceed in forma pauperis and did not pay
the filing fee. On April 5, 2012, Judge Ostby issued an order requiring Horob to
either pay the $350.00 filing fee as required by 28 U.S.C. § 1914(a) or file a
motion to proceed in forma pauperis under 28 U.S.C. § 1915. (Doc. 3).

On April 13, 2012, Horob filed a document entitled "Heads up to Judge
Ostby" wherein Horob states he did not file a Complaint alleging various claims
with the District of Montana and he is not responsible to pay the filing fee or to
proceed in forma pauperis. (Doc. 4). Horob also filed a Motion for the Federal
Bureau of Prison to release him from false incarceration. (Doc. 5).
Whether or not Horob intended to file a complaint or not, no filing fee has
been paid and no motion to proceed in forma pauperis has been filed, therefore no
case has been initiated. Horob's Complaint has not been filed, it was simply
lodged with the Court.
Accordingly, the Clerk of Court is directed to terminate all pending motions
and close this file.
SO ORDERED..R:t\
DATED this

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~ day of May, 2012.

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