King v. Houston et al

Filing 7

MEMORANDUM AND ORDER - Plaintiff is directed to correct the above-listed technical defect in the complaint within 30 days of the date of this Memorandum and Order. Failure to comply with this Memorandum and Order will result in dismissal of this ma tter 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 t his matter with the following text: April 26, 2013: Check for MIFP or payment. Plaintiff's Motion for Subpoena Duces Tecum (Filing No. 6 ) is denied without prejudice to reassertion after plaintiff pays the filing fee or submits a request to proceed in forma pauperis. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with forms)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DONNELL KING,

)
)
Plaintiff,
)
)
v.
)
)
ROBERT P. HOUSTON, Director, )
DIAN SABATKA-RINE, Warden,
)
JOANNE HILGERT, Tek Ind.
)
Supervisor, and C.S.I.
)
DIRECTOR,
)
)
Defendants.
)
______________________________)

4:13CV3061

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff Donnell
King’s Motion for Subpoena Duces Tecum (Filing No. 6).

The

above-captioned matter was provisionally filed on March 15, 2013
(Filing No. 1).

However, due to certain technical defects, the

complaint cannot be further processed.

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 the Court.

IT IS ORDERED:
1.

Plaintiff is directed to correct the above-listed

technical defect in the complaint within 30 days of the date of
this Memorandum and Order.
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:
April 26, 2013:
5.

Check for MIFP or payment.
Plaintiff’s Motion for Subpoena Duces Tecum

(Filing No. 6) is denied without prejudice to reassertion after
plaintiff pays the filing fee or submits a request to proceed in
forma pauperis.
DATED this 26th day of March, 2013.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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