Prokupek et al v. U.S. Attorney General for State of Nebraka et al

Filing 4

MEMORANDUM AND ORDER - Plaintiff Ronald Prokupek is directed to correct the above-listed technical defect in the Complaint 1 on or before October 25, 2010. Failure to comply with this Memorandum and Order will result in dismissal of this matter as to Ronald Prokupek without further notice. The Clerk of the court is directed to send to Ronald Prokupek 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: October 25, 2010: Check for MIFP or payment. Ordered by Chief Judge Joseph F. Bataillon. (Copies mailed as directed) (AOA)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA CHRISTINE PROKUPEK, (McGlothlen), and RONALD PROKUPEK, Plaintiffs, v. U.S. ATTORNEY GENERAL FOR STATE OF NEBRASKA, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) 8:10CV348

MEMORANDUM AND ORDER

This matter is before the court on its own motion. The above-captioned matter has been provisionally filed on September 16, 2010. (Filing No. 1.) However, due to certain technical defects, the Complaint cannot be further processed until such defects are corrected. To assure further consideration of the Complaint, Plaintiff Ronald Prokupek ("Prokupek") must correct the defect listed below. FAILURE TO CORRECT THE DEFECT WILL RESULT IN DISMISSAL OF THE PETITION. Prokupek has failed to include the $350.00 filing fee. Prokupek has the choice of either tendering the $350.00 fee to the Clerk of the court or submitting a request to proceed in forma pauperis and an affidavit of poverty in support thereof. If Prokupek chooses to do the latter, the enclosed pauper's forms should be completed and returned to this court. Prokupek is cautioned that, if he is permitted to proceed in forma pauperis, he will still be required to pay the entire $350.00 filing fee. However, he will be allowed to pay the filing fee in installments in accordance with 28 U.S.C. § 1915.

m c . a i t s u J . s t e k c oD o

IT IS THEREFORE ORDERED that: 1. Plaintiff Ronald Prokupek is directed to correct the above-listed technical defect in the Complaint on or before October 25, 2010. 2. Failure to comply with this Memorandum and Order will result in dismissal of this matter as to Ronald Prokupek without further notice. 3. The Clerk of the court is directed to send to Ronald Prokupek 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: October 25, 2010: Check for MIFP or payment. DATED this 23rd day of September, 2010. BY THE COURT: s/ Joseph F. Bataillon Chief United States District Judge

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