Peterson v. Davis et al

Filing 13

MEMORANDUM AND ORDER - This case is dismissed without prejudice for failure to file a new request for leave to proceed in forma pauperis or pay the courts $400.00 filing and administrative fee within 30 days, as ordered by the court on February 5, 2018. Judgment shall be entered by separate document. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)

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 Plaintiff 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.) On February 5, 2018, the court ordered that because Plaintiff is no longer
incarcerated, he file a new application for leave to proceed in forma pauperis within
30 days if he wishes to continue pursuing this case in forma pauperis. In the
alternative, the court ordered that Plaintiff pay the court’s $400.00 filing and
administrative fee within 30 days. Plaintiff was warned that “[f]ailure to take either
action will result in dismissal of this matter without further notice to Plaintiff.” (Filing
No. 12.) As of the date of this order, Plaintiff has not filed a new application for leave
to proceed in forma pauperis, nor has he filed the full $400.00 filing fee.
IT IS THEREFORE ORDERED that:
1.
This case is dismissed without prejudice for failure to file a new request
for leave to proceed in forma pauperis or pay the court’s $400.00 filing and
administrative fee within 30 days, as ordered by the court on February 5, 2018.
2.

Judgment shall be entered by separate document.

DATED this 16th day of March, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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