Yellow Horse et al v. Dawes County Jail et al

Filing 13

MEMORANDUM AND ORDER on the courts own motion. Plaintiff Darin Little White Man is directed to correct the above-listed technical defects in the Complaint on or before March 12, 2012. By this date, Plaintiff Darin Little White Man must sign the Comp laint, and either pay the $350.00 filing fee or file a motion for leave to proceed in forma pauperis. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice as to Plaintiff Darin Little White Man. The Clerk of the court is directed to send to Plaintiff Darin Little White Man 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 deadlin e in this matter with the following text: March 12, 2012 ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 3/12/2012: Check for MIFP or payment and signed Complaint). Ordered by Senior Judge Richard G. Kopf. (Copy mailed/e-mailed to pro se party with AO240 form)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DALE YELLOW HORSE, and
DARIN LITTLE WHITE MAN,
Plaintiffs,
v.
DAWES COUNTY JAIL, KARL J.
BAILEY, Sheriff, and STEVE
CRILE, Jailer,
Defendants.

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8:12CV16

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The above-captioned matter
has been provisionally filed on December 9, 2011. (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 Darin Little
White Man must correct the defects listed below. FAILURE TO CORRECT THE
DEFECT WILL RESULT IN DISMISSAL OF THE PETITION.
Plaintiff Darin Little White Man has failed to include the $350.00 filing fee.
Plaintiff Darin Little White Man 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 Plaintiff Darin Little White Man chooses
to do the latter, the enclosed pauper’s forms should be completed and returned to this
court. Plaintiff Darin Little White Man 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.

Further, Plaintiff Darin Little White Man did not sign the

Complaint in this matter. (Filing No. 1.)
IT IS THEREFORE ORDERED that:

1.

Plaintiff Darin Little White Man is directed to correct the above-listed

technical defects in the Complaint on or before March 12, 2012. By this date,
Plaintiff Darin Little White Man must sign the Complaint, and either pay the $350.00
filing fee or file a motion for leave to proceed in forma pauperis.
2.

Failure to comply with this Memorandum and Order will result in

dismissal of this matter without further notice as to Plaintiff Darin Little White Man.
3.

The Clerk of the court is directed to send to Plaintiff Darin Little White

Man 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: March 12, 2012: Check for MIFP or
payment and signed Complaint.
DATED this 10th day of February, 2012.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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