Willsea v. Sabatka-Rine et al

Filing 5

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff is directed to correct the above-listed technical defect in the Complaint on or before November 9, 2012. Failure to comply with this Memorandum and Order will result in dismissal of thi s 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: November 9, 2012: Check for MIFP or payment. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with AO240 Form)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ALFRED GENE WILLSEA,
Plaintiff,
v.
SABATKA-RINE, Warden,
CREWSHANK, Dept Warden, and
SHAW, Law Librarian,
Defendants.

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4:12CV3209

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The above-captioned matter
has been provisionally filed on October 4, 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 WILL
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. Plaintiff is cautioned that, if he is permitted to proceed in
forma pauperis, he will still be required to pay the entire $350.00 filing fee.
However, he will be allowed to pay the filing fee in installments in accordance with
28 U.S.C. § 1915.
IT IS THEREFORE ORDERED that:

1.
Plaintiff is directed to correct the above-listed technical defect in the
Complaint on or before November 9, 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.
4.
The Clerk of the court is directed to set a pro se case management
deadline in this matter with the following text: November 9, 2012: Check for MIFP
or payment.
DATED this 10th day of October, 2012.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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