Tyler v. Caniglia

Filing 5

ORDER that Plaintiff is directed to correct the above-listed technical defect in the Complaint on or before October 20, 2011. No further action will be taken by the court until the Plaintiff corrects this defect. Failure to comply with this Memorandu m 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. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: October 20, 2011: deadline for payment or filing of IFP application. Ordered by Judge Laurie Smith Camp. (Copies mailed as directed) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLY TYLER,
Plaintiff,
v.
JOSEPH CANIGLIA,
Defendant.

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CASE NO. 4:11CV3154

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The above-captioned matter has
been provisionally filed on September 8, 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 MAY 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.
IT IS THEREFORE ORDERED that:
1.

Plaintiff is directed to correct the above-listed technical defect in the
Complaint on or before October 20, 2011. No further action will be taken by
the court until the Plaintiff corrects this defect;

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; and

4.

The Clerk of the court is directed to set a pro se case management deadline
in this matter with the following text: October 20, 2011: deadline for payment
or filing of IFP application.

DATED this 3rd day of October, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Judge