Peterson v. Davis et al

Filing 12

MEMORANDUM AND ORDER that the 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. 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 7, 2018: deadline for Plaintiff to file new IFP application or pay filing fee. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSHUA A. PETERSON,
Plaintiff,
v.
MAGEN DAVIS, Unit Administrator
Lincoln Correctional Center,
Individually and in their Official
Capacities, CAPTION FULLERTON,
Nebraska State Prison, Individually
and in their Official Capacities,
MICHELLE CAPPS, Deputy Warden
Nebraska State Prison, Individually
and in their Official Capacities,
ROBERT MADSEN, Warden
Nebraska State Prison, Individually
and in their Official Capacities, UNIT
ADMINISTRATOR JOHNSTON,
Nebraska State Prison, Individually
and in their Official Capacities,
SALVADOR CRUZ, Unit Manager
Lincoln Correctional Center,
Individually and in their Official
Capacities, and ROWAN TAYLOR,
Case Manager Lincoln Correctional
Center, Individually and in their
Official Capacities,
Defendants.

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4:17CV3137

MEMORANDUM
AND ORDER

Plaintiff filed his Complaint in this matter on October 10, 2017, while he was
incarcerated. The court granted him leave to proceed in forma pauperis on October
12, 2017, also while he was incarcerated. Plaintiff filed a notice of change of address

on February 2, 2018, indicating that he is no longer incarcerated. (See Filing No. 11.)
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 7, 2018: deadline for Plaintiff to file new IFP
application or pay filing fee.
DATED this 5th day of February, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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