Johnson v. Ogg

Filing 5

ORDER that: Plaintiff is directed to submit the $400.00 fees to the clerks office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without further notice. Th e clerk of the court is directed to send to Plaintiff the Form AO240. The clerk of the court is directed to set a pro se case managementdeadline in this matter with the following text: June 8, 2015: Check for MIFP orpayment. ( Pro Se Case Management Deadline set for 6/8/2015.) Ordered by Judge John M. Gerrard. (Copy mailed/e-mailed to pro se party)(MLF, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVAUGHN JOHNSON,
Plaintiff,
v.
RUSSELL OGG,
Defendant.

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4:15CV3049

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Plaintiff filed a Complaint
(Filing No. 1) on May 7, 2015. However, Plaintiff failed to include the $400.00 filing
and administrative fees. Plaintiff has the choice of either submitting the $400.00
filing and administrative fees to the clerk’s office or submitting a request to proceed
in forma pauperis.1 Failure to take either action within 30 days will result in the court
dismissing this case without further notice to Plaintiff.
IT IS THEREFORE ORDERED that:
1.
Plaintiff is directed to submit the $400.00 fees to the clerk’s office or
submit a request to proceed in forma pauperis within 30 days. Failure to take either
action will result in dismissal of this matter without further notice.
2.
The clerk of the court is directed to send to Plaintiff the Form AO240
(“Application to Proceed Without Prepayment of Fees and Affidavit”).

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If Plaintiff is granted leave to proceed in forma pauperis (“IFP”) in this matter,
he will be allowed to pay the court’s $350 filing fee in installments. See 28 U.S.C.
§ 1915(b)(1); In re Tyler, 110 F.3d 528, 529-30 (8th Cir. 1997). He would not be
subject to the $50.00 administrative fee assessed to non-IFP plaintiffs.

3.
The clerk of the court is directed to set a pro se case management
deadline in this matter with the following text: June 8, 2015: Check for MIFP or
payment.
DATED this 8th day of May, 2015.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District
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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