Chapman v. Poland et al

Filing 10

MEMORANDUM AND ORDER - Plaintiff's Motion for Reconsideration (Filing No. 9 ) is granted. The clerk's office is directed to reopen this matter in accordance with this Memorandum and Order, and separately docket as a pending motion Plaint iff'srequest for leave to proceed in forma pauperis (i.e., Filing No. 9 at CM/ECF pp. 3-6). The clerk's office is directed to request an inmate trust account statementfrom the appropriate official at Plaintiffs institution of incarceration.Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLIE JOE CHAPMAN,
Plaintiff,
v.
ELLEN POLAND, MARK LUND,
STEVE JENKINS, JIM PAYNE,
HAROLD MURREN, JOHN/JANE
DOE, Mail Room Manager, and
JOHN/JANE DOE, Records
Manager,
Defendants.

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4:13CV3205

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion for Reconsideration.
(Filing No. 9.) The court dismissed this matter without prejudice on February 4,
2014, because Plaintiff failed to pay the court’s filing and administrative fees or
submit a request for leave to proceed in forma pauperis. (Filing No. 7.) On February
24, 2014, Plaintiff submitted his request for leave to proceed in forma pauperis
together with this motion. (See Filing No. 9 at CM/ECF pp. 3-4.) Plaintiff states in
his Motion for Reconsideration that he did not receive the court’s order requiring him
to submit a request for leave to proceed in forma pauperis, and that he is having
difficulty receiving legal mail at his current place of incarceration. (Id. at CM/ECF
p. 1.) For good cause shown, the court will reopen this matter.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s Motion for Reconsideration (Filing No. 9) is granted.

2.
The clerk’s office is directed to reopen this matter in accordance with
this Memorandum and Order, and separately docket as a pending motion Plaintiff’s
request for leave to proceed in forma pauperis (i.e., Filing No. 9 at CM/ECF pp. 3-6).
3.
The clerk’s office is directed to request an inmate trust account statement
from the appropriate official at Plaintiff’s institution of incarceration.
DATED this 2nd day of May, 2014.
BY THE COURT:
s/ John M. Gerrard
United States District Judge’

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of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they
provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The
court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases
to work or directs the user to some other site does not affect the opinion of the court.

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