Tyler v. Mayo et al

Filing 4

MEMORANDUM AND ORDER - Plaintiff must submit a signed application to proceed in forma pauperis, or pay the $350.00 filing fee, on or before June 13, 2011. Failure to comply with this Memorandum and Order will result in the dismissal of this mat ter without further notice. The Clerk of the court is directed to send 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: June 13, 2011: Check for MIFP or payment. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party with AO240 Form) (KBJ)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLY TYLER,
Plaintiff,
v.
UNKNOWN MAYO, deputy U.S.
Marshals, and UNKNOWN LEWIS,
deputy U.S. Marshals,
Defendants.

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8:11CV167

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The above-captioned matter
was provisionally filed on May 13, 2011. (Filing No. 1.) However, the Complaint
cannot be further processed until certain technical defects are corrected. To assure
further consideration of the Complaint, Plaintiff must correct the defect listed below.
FAILURE TO CORRECT THE DEFECT WILL RESULT IN DISMISSAL OF
THE COMPLAINT.
To proceed with this matter, Plaintiff must submit a signed request to proceed
in forma pauperis and an affidavit of poverty in support thereof, or tender the $350.00
filing fee to the Clerk of the court. If Plaintiff chooses to submit a request to proceed
in forma pauperis, the enclosed pauper’s forms should be completed and returned to
this court.
IT IS THEREFORE ORDERED that:
1.

Plaintiff must submit a signed application to proceed in forma pauperis,

or pay the $350.00 filing fee, on or before June 13, 2011.

2.

Failure to comply with this Memorandum and Order will result in the

dismissal of this matter without further notice.
3.

The Clerk of the court is directed to send 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: June 13, 2011: Check for MIFP or
payment.
DATED this 17th

day of May, 2011.
BY THE COURT:
s/ Joseph F. Bataillon
Chief United States District Judge

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