SaLazar v. Mental Health Board et al

Filing 5

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff is directed to correct the above-listed technical defect in the Complaint on or before April 29, 2011. Failure to comply with this Memorandum and Order will result in dismissal of this m atter 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. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: April 29, 2011: Check for MIFP or payment. Ordered by Judge Richard G. Kopf. (Copy mailed to Pro Se party) (Form AO240 mailed as directed) (TEL)

-PRSE SaLazar v. Mental Health Board et al

Doc. 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA AMBROSIO SALAZAR JR., Plaintiff, v. MENTAL HEALTH BOARD, Platt County, et al., Defendants. ) ) ) ) ) ) ) ) ) 4:11CV3048

MEMORANDUM AND ORDER

This matter is before the court on its own motion. The above-captioned matter has been provisionally filed on March 28, 2011. (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 April 29, 2011.

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2. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice. 3. The Clerk of the court is directed to send to Plaintiff the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. 4. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: April 29, 2011: Check for MIFP or payment. DATED this 30th day of March, 2011. BY THE COURT: Richard G. Kopf United States District Judge

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