Hillard v. Bakewell et al

Filing 6

STRICKEN-MEMORANDUM AND ORDER - Plaintiffs are directed to correct the above-listed technical defect in the Complaint on or before September 28, 2012. 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 each Plaintiff the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 9/28/2 012: deadline forpayment or filing of IFP application.) In the event Plaintiffs or their representatives seek to file any additional case in this court, the proposed complaint must be accompanied by the full filing fee or motions to proceed in for ma pauperis by each Plaintiff. If Plaintiffs do not comply with this Memorandum and Order, the court will return the proposed complaint to Plaintiffs without filing. Ordered by Judge John M. Gerrard. (Copies mailed as directed)(MKR) Modified on 8/31/2012 to strike per Order 7 (MKR).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EDMOND R. JESSE, Husband and
wife in the Flesh and Blood as a
living man and woman in proper
person and the Martial Trust thereof,
and KATHLEEN M. JESSE,
Husband and wife in the Flesh and
Blood as a living man and woman in
proper person and the Martial Trust
thereof,
Plaintiffs,
v.
LANCE R. JESSE, Principal, et al.,
Defendants.

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8:12CV286

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The above-captioned matter
has been provisionally filed on August 9, 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, Plaintiffs must
correct the defect listed below. FAILURE TO CORRECT THE DEFECT MAY
RESULT IN DISMISSAL OF THE PETITION.
Plaintiffs have failed to include the $350.00 filing fee. Plaintiffs have 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 Plaintiffs choose to do the latter, the enclosed pauper’s forms should be completed
and returned to this court. Each Plaintiff must submit a request to proceed in
forma pauperis and an affidavit of poverty in support thereof.

In addition, the court notes that Plaintiffs have filed seven nearly-identical
matters in this court since August 1, 2012. However, Plaintiffs did not submit the
filing fee, or motions to proceed in forma pauperis, in any of these matters. In light
of this, the court will not accept any further new cases from Plaintiffs, or their
representatives, unless accompanied by the full filing fee or motions to proceed in
forma pauperis by each Plaintiff.
IT IS THEREFORE ORDERED that:
1.
Plaintiffs are directed to correct the above-listed technical defect in the
Complaint on or before September 28, 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 each 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: September 28, 2012: deadline for
payment or filing of IFP application.
5.
In the event Plaintiffs or their representatives seek to file any additional
case in this court, the proposed complaint must be accompanied by the full filing fee
or motions to proceed in forma pauperis by each Plaintiff. If Plaintiffs do not comply
with this Memorandum and Order, the court will return the proposed complaint to
Plaintiffs without filing.

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DATED this 31st day of August, 2012.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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