Brown v. Nebraska Department of Correctional Services et al

Filing 4

MEMORANDUM AND ORDER - Plaintiff is directed to submit the $400.00 fees to the clerks 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 n otice. The clerk of the court is directed to send to Plaintiff the Form AO240 (Application to Proceed Without Prepayment of Fees and Affidavit). The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: April 23, 2018: Check for MIFP or payment. 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
JESUS BROWN,
Plaintiff,

4:18CV3043

vs.
NEBRASKA DEPARTMENT OF
CORRECTIONAL SERVICES, SCOTT
FRAKES, individually and in his official
capacity; OFFICER CHAN, individually
and in his official capacity; THOMAS
SORENSEN, individually and in his
official capacity; GARY HUSTAD,
individually and in his official capacity;
VAUGHAN WENZEL, individually and
in his official capacity; and DAN
DANAHER, individually and in his
official capacity;

MEMORANDUM
AND ORDER

Defendants.
This matter is before the court on its own motion. Plaintiff filed a Complaint
(Filing No. 1) on March 22, 2018. 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.

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.

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.
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: April 23, 2018: Check for MIFP or
payment.
Dated this 22nd day of March, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

2