Hernandez v. Hart

Filing 5

MEMORANDUM AND ORDER - Plaintiff is directed to correct the above-listed technical defect in the Complaint on or before May 21, 2012. 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: May 21, 2012: deadline for payment or filing of IFP application. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party with forms) (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL A. HERNANDEZ,
Plaintiff,
v.
ALLIANCE POLICE OFFICER
KEN HART,
Defendant.

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CASE NO. 4:12CV3075

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The above-captioned matter was
provisionally filed on April 16, 2012. (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 May 21, 2012;

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: May 21, 2012: deadline for payment or
filing of IFP application.

DATED this 19th day of April, 2012.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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