Tyler v. EPA

Filing 6

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: 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 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: July 22, 2013: Check for MIFP or payment. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party with AO 240 Form)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLY TYLER,
Plaintiff,
v.
EPA,
Defendant.

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4:13CV3119

MEMORANDUM
AND ORDER

The above-captioned matter was provisionally filed on June 14, 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 $400.00 filing and administrative fees.
Plaintiff has the choice of either tendering the $400.00 fees 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.
IT IS THEREFORE ORDERED that:
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: July 22, 2013: Check for MIFP or
payment.
DATED this 19th day of June, 2013.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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