Kon v. Newton et al

Filing 4

MEMORANDUM AND ORDER regarding: Complaint - Pro Se 1 filed by Joseph Bior Kon. Due to certain technical defects, the Complaint cannot be further processed until such defects are corrected. Plaintiff has the choice of either tendering the $350. 00 fee to the Clerk of the court or submitting a request to proceed in forma pauperis and an affidavit of poverty in support thereof. Plaintiff is directed to correct the above-listed technical defect in the Complaint on or before July 30, 2010. Fai lure to comply with this Memorandum and Order will result in dismissal of this matter without further notice. ***Pro Se Case Management Deadlines set for 7/30/2010: Check for IFP or payment. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party with AO240 form)(JAB)

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-PRSE Kon v. Newton et al Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JOSEPH BIOR KON, Plaintiff, v. NEWTON, Superintendent, DIRECTOR OF DOUGLAS COUNTY JAIL, and S. SHURNWAY, RN, Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 4:10CV3110 MEMORANDUM AND ORDER This matter is before the court on its own motion. The above-captioned matter has been provisionally filed on June 8, 2010. (Filing No. 1.) However, due to certain technical defects, the Complaint cannot be further processed until such defects are corrected. To assure further consideration of the Complaint, Plaintiff must correct the defect listed below. FAILURE TO CORRECT THE DEFECT WILL RESULT IN DISMISSAL OF THE PETITION. Plaintiff has failed to include the $350.00 filing fee. Plaintiff has the choice of either tendering the $350.00 fee to the Clerk of the court or submitting a request to proceed in forma pauperis and an affidavit of poverty in support thereof. If Plaintiff chooses to do the latter, the enclosed pauper's forms should be completed and returned to this court. Plaintiff is cautioned that, if he is permitted to proceed in forma pauperis, he will still be required to pay the entire $350.00 filing fee. However, he will be allowed to pay the filing fee in installments in accordance with 28 U.S.C. 1915. IT IS THEREFORE ORDERED that: 1. Plaintiff is directed to correct the above-listed technical defect in the Complaint on or before July 30, 2010; Dockets.Justia.com 2. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice; The Clerk of the court is directed to send to Plaintiff the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit; and The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: July 30, 2010: Check for IFP or payment; 3. 4. DATED this 30th day of June, 2010. BY THE COURT: s/Laurie Smith Camp United States District Judge *This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the court. 2

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