Sullivan v. Sarpy County Jail et al

Filing 40

ORDER that if Plaintiff wishes to withdraw his Notice of Appeal 38 and Motion for Leave to Proceed in Forma Pauperis on Appeal 39 , Plaintiff must inform the court of such withdrawal within 10 days of the date of this order. This court will begi n preliminary processing of Plaintiff's appeal by ordering from Plaintiff's institution a trust account statement reflecting Plaintiff's account activity and balance for the past six months. The clerk of the court is directed to order from Plaintiff's correctional institution a trust account statement reflecting Plaintiff's account activity and balance for the past six months. Pro Se Case Management Deadline set for 3/7/2016. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (CCB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL A. SULLIVAN,
Plaintiff,
V.
SARPY COUNTY JAIL, JEFF
DAVIS, Sheriff, GREG LONDON,
Captain, JUNE WESTLAND, Nurse,
PAMELA REINKE, Nurse, and
DOCTOR DREESEN, Jail Physician,
Defendants.

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4:15CV3014

MEMORANDUM
AND ORDER

Plaintiff Michael Sullivan filed a Notice of Appeal (Filing No. 38) and Motion
for Leave to Proceed in Forma Pauperis on Appeal (Filing No. 39). The court advises
Plaintiff that the filing of a notice of appeal will make him liable for payment of the
full $505.00 appellate filing fee regardless of the outcome of the appeal. This is
because the Prison Litigation Reform Act requires an incarcerated civil appellant to
pay the full amount of the $505.00 appellate filing fee by making monthly payments
to the court, even if he or she is proceeding in forma pauperis. 28 U.S.C. § 1915(b).
By filing a notice of appeal, Plaintiff will consent to the deduction of the $505.00
filing fee from his prison account by prison officials. Accordingly,
IT IS ORDERED:
1.
If Plaintiff wishes to withdraw his Notice of Appeal (Filing No. 38) and
Motion for Leave to Proceed in Forma Pauperis on Appeal (Filing No. 39), Plaintiff
must inform the court of such withdrawal within 10 days of the date of this order.

2.
This court will begin preliminary processing of Plaintiff’s appeal by
ordering from Plaintiff’s institution a trust account statement reflecting Plaintiff’s
account activity and balance for the past six months.
3.
The clerk of the court is directed to order from Plaintiff’s correctional
institution a trust account statement reflecting Plaintiff’s account activity and balance
for the past six months.
DATED February 26, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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