Zierke v. Reiman

Filing 9

MEMORANDUM AND ORDER - Plaintiff is directed to correct the above-listed technical defect in the Complaint on or before February 17, 2012. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GARY ZIERKE, JR.,
Plaintiff,
v.
KOREY L. REIMAN, Reiman Law
Firm,
Defendant.

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CASE NO. 4:11CV3177

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On October 17, 2011, Plaintiff
filed his Complaint along with a Motion for Leave to Proceed In Forma Pauperis (“IFP”).
(Filing Nos. 1 and 3.) 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 COMPLAINT.
Plaintiff did not include a copy of his prison trust account statement with his IFP
Motion. See 28 U.S.C. § 1915(a)(2), (requiring a “prisoner seeking to bring a civil action
. . . without prepayment of fees” to “submit a certified copy of the trust fund account
statement (or institutional equivalent) for the prisoner for the 6-month period immediately
preceding the filing of the complaint . . . , obtained from the appropriate official of each
prison at which the prisoner is or was confined”). Accordingly, Plaintiff shall have until
February 17, 2012, to either tender the $350.00 fee to the Clerk of the court or submit a
prison trust account statement in accordance with 28 U.S.C. § 1915(a)(2).
IT IS THEREFORE ORDERED that:
1.

Plaintiff is directed to correct the above-listed technical defect in the
Complaint on or before February 17, 2012; and

2.

Failure to comply with this Memorandum and Order will result in dismissal of
this matter without further notice.

DATED this 25th day of January, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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