Harden v. The State of Nebraska et al

Filing 4

MEMORANDUM AND ORDER- 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 f urther notice. The clerk of the court is directed to send to Plaintiff the Form AO240 (Application to Proceed without Prepayment of Fees and affidavit). ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 8/28/2017:check for MIFP or payment) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with Form AO240 as directed)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT HARDEN,
Plaintiff,

4:17CV3095

vs.
THE STATE OF NEBRASKA, THE
NEBRASKA ATTORNEY
GENERAL'S OFFICE, MATT KUHSE,
Douglas County Prosecutor, in his
Official Capacity; et al.,

MEMORANDUM
AND ORDER

Defendants.
This matter is before the court on its own motion. Plaintiff filed a Complaint
(Filing No. 1) on July 26, 2017. 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.

1

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.

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: August 28, 2017: Check for MIFP
or payment.
Dated this 28th day of July, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

2