Williams v. Steube

Filing 4

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff is directed to notify the Court within 30 days if she did not sign and file the Notice of Appeal and does not want to pursue an appeal. If Plaintiff did sign and file this appeal, then P laintiff is directed to submit the $605.00 fees to the Clerks office or submit a request to proceed in forma pauperis within 30 days. The Clerk of the Court is directed to send to Plaintiff the Form AO240 ("Application to Proceed Without P repayment 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: May 28, 2024: Check for Plaintiff's response regarding Notice of Appeal and MIFP or payment.Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with Form AO240)(TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JUSTEEN WILLIAMS,
Plaintiff,

4:24CV3076

vs.
MEMORANDUM AND ORDER
STEUBE,
Defendant.
This matter is before the Court on its own motion. Plaintiff filed a Notice of
Appeal, Filing No. 2, on April 24, 2024. The Notice of Appeal seeks to appeal the
Court’s February 28, 2024, Order returning materials submitted and signed by Plaintiff
Justeen Williams’ mother, Earnestine Williams Newson. While the Notice of Appeal is
purportedly signed by Plaintiff, the handwriting of the signature appears similar to that of
Ms. Newson.1 Compare Filing No. 1-1 with Filing No. 2 at 1. In any case, Plaintiff failed
to include the $605.00 filing and docket fees for the appeal. Plaintiff has the choice of
either submitting the $605.00 filing and docket fees to the Clerk’s office or submitting a
request to proceed in forma pauperis within 30 days.

Plaintiff’s appeal cannot be

processed until either the appellate filing fee is paid or the question of Plaintiff’s
authorization to proceed on appeal in forma pauperis is resolved.
Plaintiff should be aware that the Prison Litigation Reform Act (“PLRA”) requires
prisoner plaintiffs to pay the full amount of the Court’s $605.00 appellate filing fee by
making monthly payments to the Court, even if the prisoner is proceeding in forma
The handwriting in the rest of the Notice of Appeal looks similar to that of Billy Tyler, a frequent pro se
litigant in this Court with a history of filing documents on behalf of other persons. Compare Filing No. 2
with Filing No. 11, Case No. 8:23CV220. See also State of Neb. ex rel. Comm’n on Unauthorized
Practice of Law v. Tyler, 811 N.W.2d 678 (Neb. 2012) (enjoining Tyler from the unauthorized practice of
law).
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pauperis. 28 U.S.C. § 1915(b). The PLRA “makes prisoners responsible for their filing
fees the moment the prisoner brings a civil action or files an appeal.” Jackson v. N.P.
Dodge Realty Co., 173 F. Supp. 2d 951, 952 (D. Neb. 2001) (citing In re Tyler, 110 F.3d
528, 529–30 (8th Cir. 1997)). If Plaintiff did not sign and file the Notice of Appeal
and does not want to pursue an appeal, then Plaintiff must inform the Court
within 30 days in order to avoid assessment of the appellate filing fee.
IT IS THEREFORE ORDERED that:
1.

Plaintiff is directed to notify the Court within 30 days if she did not sign and

file the Notice of Appeal and does not want to pursue an appeal.
2.

If Plaintiff did sign and file this appeal, then Plaintiff is directed to submit

the $605.00 fees to the Clerk’s office or submit a request to proceed in forma pauperis
within 30 days.
3.

The Clerk of the Court is directed to send to Plaintiff the Form AO240

(“Application to Proceed Without Prepayment of Fees and Affidavit”).
4.

The Clerk of the Court is directed to set a pro se case management

deadline in this matter with the following text: May 28, 2024: Check for Plaintiff’s
response regarding Notice of Appeal and MIFP or payment.

Dated this 25th day of April, 2024.
BY THE COURT:

Joseph F. Bataillon
Senior United States District Judge

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