Voss v. Ricketts et al

Filing 5

MEMORANDUM AND ORDER that the 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 with out further notice. The clerk of the court is directed to send to Plaintiff the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit"). The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: December 18, 2015: Check for MIFP or payment. Ordered by Judge John M. Gerrard. (Copies mailed as directed) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KENNETH DEWEY VOSS,
Plaintiff,
v.
PETE RICKETTS, et al.,
Defendants.

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4:15CV3137

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Plaintiff Kenneth Dewey
Voss filed a Complaint (Filing No. 1) on November 12, 2015. He also filed a separate
document (Filing No. 2) essentially stating that, as a sovereign citizen, he is not
obligated to pay the court’s filing fee. He is mistaken. See 28 U.S.C. § 1914
(requiring parties instituting any civil action to pay a filing fee).
Voss 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. Any
request to proceed in forma pauperis must include an affidavit that includes a
statement of all of his assets. See 28 U.S.C. § 1915(a)(1). Failure to take either action
within 30 days will result in the court dismissing this case without further notice to
Voss.
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”).

3.
The clerk of the court is directed to set a pro se case management
deadline in this matter with the following text: December 18, 2015: Check for MIFP
or payment.
DATED this 16th day of November, 2015.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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