Hunter et al v. Nebraska Department of Corrections et al

Filing 23

MEMORANDUM AND ORDER - Plaintiff must either file a new request for leave to proceed in forma pauperis or pay the court's $400.00 filing and administrative fees within 30 days. Failure to take either action will result in dismissal of thi s matter without further notice to Plaintiff. The clerk of the court is directed to send to Plaintiff the Form AO 240, "Application to Proceed Without Prepayment of Fees and Affidavit." The clerk of the court is directed to set a pro se case management deadline with the following text: March 21, 2016: deadline for Plaintiff to file new IFP application or pay filing fee. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party with AO 240 form)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MATTHEW HUNTER,
Plaintiff,
v.
NEBRASKA DEPARTMENT OF
CORRECTIONS, FRED BRITTON,
and SCOT FRAKES,
Defendants.

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4:15CV3063

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The court granted Plaintiff
Matthew Hunter leave to proceed in forma pauperis on September 14, 2015, while he
was incarcerated. The court takes judicial notice of Nebraska Department of
Correctional Services public records, which show that Plaintiff was released from
incarceration on January 28, 2016. See Stutzka v. McCarville, 420 F.3d 757, 761, n.2
(8th Cir. 2005) (court may take judicial notice of public records).
Since Plaintiff is no longer incarcerated, he must now file a new application for
leave to proceed in forma pauperis if he wishes to continue pursuing this case in forma
pauperis. Plaintiff may, in the alternative, pay the court’s $400.00 filing and
administrative fees.
IT IS THEREFORE ORDERED that:
1.
Plaintiff must either file a new request for leave to proceed in forma
pauperis or pay the court’s $400.00 filing and administrative fees within 30 days.
Failure to take either action will result in dismissal of this matter without further
notice to Plaintiff.

2.
The clerk of the court is directed to send to Plaintiff the Form AO 240,
“Application to Proceed Without Prepayment of Fees and Affidavit.”
3.
The clerk of the court is directed to set a pro se case management
deadline with the following text: March 21, 2016: deadline for Plaintiff to file new
IFP application or pay filing fee.
DATED this 18th day of February, 2016.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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