McDonald v. Nebraska Dept. of Corrections et al

Filing 11

MEMORANDUM AND ORDER denying the Plaintiff's 2 MOTION for Leave to Proceed in forma pauperis. Plaintiff must pay the $400 filing fee within 30 days. Plaintiff is warned that if the fee is not paid as required, the court may dismiss th is case without further notice. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: June 20, 2016: deadline for Plaintiff to pay filing fee. No further review of this case will take place until the filing fee is paid. Ordered by Senior Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party)(MKR, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSEPH H. MCDONALD,

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Plaintiff,
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V.
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NEBRASKA DEPT. OF )
CORRECTIONS, SCOTT FRAKES, )
and BRAD HANSON, et al,
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Defendants.
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)

4:16CV3075

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion for Leave to Proceed in
Forma Pauperis (“IFP”). (Filing No. 2.) The court has reviewed the application to
proceed IFP. Plaintiff’s trust account information shows that Plaintiff’s account
contained an average monthly balance of $2,776.55 for the six-month period
immediately preceding the filing of the Complaint. (Filing No. 9.) Thus, the court
concludes that Plaintiff must pay the $400 filing fee because he has the financial
ability to do so. See 28 U.S.C. § 1915(a). No further review of this case will take
place until the fee is paid.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s request to proceed IFP (Filing No. 2) is denied.

2.
Plaintiff must pay the $400 filing fee within 30 days. Plaintiff is warned
that if the fee is not paid as required, the court may dismiss this case without further
notice.
3.

The clerk of the court is directed to set a pro se case management

deadline in this case using the following text: June 20, 2016: deadline for Plaintiff to
pay filing fee.
4.

No further review of this case will take place until the filing fee is paid.

DATED this 19th day of May, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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