Tyler v. EPA
MEMORANDUM AND ORDER - This matter is dismissed without prejudice for failure to pay the court's filing fee and for failure to comply with a court order. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
This matter is before the court on its own motion. On September 18, 2012, the
court entered a Memorandum and Order provisionally filing this matter, but requiring
Plaintiff to either file a motion for leave to proceed in forma pauperis or pay the
$350.00 filing fee no later than October 18, 2012. (Filing No. 5.) The court warned
Plaintiff that failure to comply with its Memorandum and Order would result in
dismissal of this matter without further notice. (Id.) Plaintiff has not paid the $350.00
filing fee, or submitted a motion for leave to proceed in forma pauperis.
In addition, the court notes that on September 10, 2012, Plaintiff filed an
Amended Complaint that contained the following statement, “we pray to proceed
informa-pauperis [sic], annexing poverty affidavit.” (Filing No. 4.) However,
Plaintiff has not submitted a poverty affidavit or any other statement of his assets.
Even liberally construed, this statement by Plaintiff in his Amended Complaint is
insufficient to demonstrate eligibility to proceed in forma pauperis under 28 U.S.C.
§ 1915(a). See 28 U.S.C. § 1915(a)(1) (requiring an affidavit that includes a statement
of all assets).
IT IS THEREFORE ORDERED that:
This matter is dismissed without prejudice for failure to pay the court’s
filing fee and for failure to comply with a court order.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 25 th day of October, 2012.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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