Cooper v. Department of the Army et al

Filing 4

MEMORANDUM AND ORDER-Cooper is directed to either pay to the clerk of the court the $400.00 filing and administrative fees or complete and return to the clerk of the court the Application to Proceed Without Prepayment of Fees and Affidavit befo re July 3, 2013. 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 Cooper Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 7/3/2013: deadline for payment or filing of IFP application) Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party as directed).(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DANIEL R. COOPER

)
)
Plaintiff,
)
)
V.
)
)
DEPARTMENT OF THE ARMY,
)
SECRETARY OF THE ARMY,
)
JOHN M. MCHUGH, ATTORNEY )
GENERAL OF THE UNITED
)
STATES, ERIC HIMPTON
)
HOLDER JR., UNITED STATES
)
ATTORNEY FOR NEBRASKA, and )
DEBORAH R. GILG,
)
)
Defendants.
)

4:13CV3086

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The above-captioned matter
was provisionally filed on April 19, 2013. (Filing No. 1.) However, because the
plaintiff, Daniel R. Cooper (“Cooper”) did not include the $400.00 filing and
administrative fees or submit a request to proceed in forma pauperis, the Complaint
cannot be further processed until such defect is corrected. To assure further
consideration of the Complaint, Cooper must correct the defect. FAILURE TO
CORRECT THE DEFECT MAY RESULT IN DISMISSAL OF THE
PETITION.
Because Cooper has failed to include the $400.00 filing and administrative
fees, he has the choice of either paying the $400.00 fees to the clerk of the court or
submitting a request to proceed in forma pauperis with an affidavit of poverty in
support thereof. If Cooper chooses to submit a request to proceed in forma pauperis,
he should complete and return to this court the enclosed pauper’s forms.

IT IS THEREFORE ORDERED that:
1.
Cooper is directed to either pay to the clerk of the court the $400.00
filing and administrative fees or complete and return to the clerk of the court the
Application to Proceed Without Prepayment of Fees and Affidavit before July 3,
2013.
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 Cooper 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: July 3, 2013: deadline for payment or
filing of IFP application.
Dated June 10, 2013.
BY THE COURT

__________________________________________
Warren K. Urbom
United States Senior District Judge

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