Reyes-Nunez v. Six Unknown Names Agents, et al.

Filing 9

ORDER - Plaintiff shall have until May 18, 2009, to file an affidavit attesting that this complaint was filed by him. If the Court does not receive the affidavit by May 18, 2009, this action will be dismissed without prejudice and without further not ice. The clerk of the court is directed to set a pro se case management deadline for May 18, 2009. Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 5/18/2009 - deadline for plaintiff to file an affidavit attesting that this complaint was filed by him.) Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(JAE, )

FOR THE DISTRICT OF NEBRASKA EPIFANIO REYES NUNEZ, ) ) Plaintiff, ) ) v. ) ) SIX UNKNOWN NAMES AGENTS, OR ) MR. PRESIDENT, ) ) Defendants. ) ______________________________)

8:09CV99

ORDER

This matter is before the Court on its own motion. April 20, 2009, Epifanio Reyes Nunez filed a letter with the

On

Court inquiring why he is receiving legal correspondence in this case (Filing No. 8). Mr. Reyes Nunez questioned whether some

other party filed a case in his name, as the only case he has before this court is Case Number 8:09CV62.1 The Court notes that

both this case and Case Number 8:09CV62 were filed under the same name and prisoner number (See Filing No. 1, and Reyes-Nunez v. Drug Enforcement Administration, No. 8:09CV62 (D. Neb.), Filing No. 1).

On March 20, 2009, plaintiff was ordered to either pay the $350 filing fee or submit a request to proceed in forma pauperis (Filing No. 4). The Court notes that the motion for leave to proceed in forma pauperis (Filing No. 6) and the Prisoner Account Statement (Filing No. 7) filed in this case were not filed by plaintiff directly, but pursuant to a Memorandum and Order filed in Case Number 8:09CV62. (Reyes-Nunez v. Drug Enforcement Administration, No. 8:09CV62 (D. Neb.), Filing No. 11.)

1

IT IS ORDERED: 1. Plaintiff shall have until May 18, 2009, to file If

an affidavit attesting that this complaint was filed by him. the Court does not receive the affidavit by May 18, 2009, this action will be dismissed without prejudice and without further notice. 2.

The clerk of the court is directed to set a pro se

case management deadline with the following text: May 18, 2009: deadline for plaintiff to file an affidavit attesting that this complaint was filed by him. DATED this 4th day of May, 2009. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court

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