Strawder v. State of Nebraska et al

Filing 51

MEMORANDUM AND ORDER - Plaintiff's motion (Filing No. 50 ) is denied. The clerk of the court is directed to send Plaintiff the Complaint for Violation of Civil Rights (Prisoner) and a Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit"). Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with documents as directed)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THOMAS DUANE STRAWDER,
Plaintiff,

4:16CV3161

vs.
STATE OF NEBRASKA, et al.
Official/Individual Capacities;
GOVERNOR PETE RICKETTS,
Official/Individual Capacities; et al.,

MEMORANDUM
AND ORDER

Defendants.
This matter is before the court on Plaintiff’s motion (Filing No. 50)
regarding the funds in his institutional trust account and his separate confiscated
account. He asks the court to order the Nebraska Department of Correctional
Services (“NDCS”) to allow him “$1000” ($10.00) in unfrozen funds each month
he works or, in the alternative, order NDCS to pay his filing fee in this case.
This case is closed. The court entered judgment on February 7, 2017. The
court will not order NDCS to pay Plaintiff’s filing fee in this case as payment of
the full filing fee is his sole responsibility. See 28 U.S.C. § 1915(b). Plaintiff may
file a new complaint with an application to proceed in forma pauperis if he wishes
to pursue the remaining allegations in his motion. Plaintiff is warned that he will
be responsible for paying the full amount of the court’s $350.00 filing fee if he
files a new civil action. See In re Tyler, 110 F.3d 528, 529-30 (8th Cir. 1997);
Jackson v. N.P. Dodge Realty Co., 173 F. Supp. 2d 951 (D. Neb. 2001).

IT IS THEREFORE ORDERED that:
1.

Plaintiff’s motion (Filing No. 50) is denied.

2.
The clerk of the court is directed to send Plaintiff the Complaint for
Violation of Civil Rights (Prisoner) and a Form AO240 (“Application to Proceed
Without Prepayment of Fees and Affidavit”).
Dated this 25th day of July, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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