Chapman v. Sosa-Gayton et al

Filing 6

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 mat ter without further notice. The clerk's office is directed to send to plaintiff the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. The clerk's office is directed to set a pro se case management deadline in this matter with the following text: August 18, 2014: Check for MIFP or payment. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with form as directed)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLIE JOE CHAPMAN,

)
)
Plaintiff,
)
)
v.
)
)
YVONNE D. SOSA-GAYTON, TIM
)
BURNS, DOUGLAS COUNTY PUBLIC )
DEFENDERS OFFICE, and JUDGE
)
CONIGLIA,
)
)
Defendants.
)
______________________________)

4:14CV3141

MEMORANDUM AND ORDER

The above-captioned matter was provisionally filed on
July 7, 2014 (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 COMPLAINT.
Plaintiff has failed to include the $400.00 filing and
administrative fees.

Plaintiff has the choice of either

tendering the $400.00 fee to the clerk of the court or submitting
a request to proceed in forma pauperis and an affidavit of
poverty in support thereof.1

1

If plaintiff chooses to do the

Plaintiff included in the caption of his complaint a
request “to proceed in forma pauperis.” (Filing No. 1 at CM/ECF
p. 1.) However, plaintiff’s request does not comply with the
provisions of 28 U.S.C. § 1915(a), which require a prisoner to
submit “an affidavit that includes a statement of all assets such
prisoner possesses.”
28 U.S.C. § 1915(a)(1).

latter, the enclosed pauper’s forms should be completed and
returned to this 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’s office is directed to send to

plaintiff the Form AO240, Application to Proceed Without
Prepayment of Fees and Affidavit.
4.

The clerk’s office is directed to set a pro se

case management deadline in this matter with the following text:
August 18, 2014:

Check for MIFP or payment.

DATED this 15th day of July, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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