Tyler v. Heavican et al

Filing 4

MEMORANDUM AND ORDER that Plaintiff is directed to correct the above-listed technical defect in the Complaint on or before April 20, 2012. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further noti ce. The Clerk of the court is directed to send to 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: April 20, 2012: deadline for payment or filing of IFP application Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party with Form AO240)(ADB, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLY TYLER,
Plaintiff,
v.
MICHAEL HEAVICAN, WRIGHT,
LINDSAY LERMAN,
MCCORMACK, STEPHENS, and
CONNOLY,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

8:12CV94

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The above-captioned matter
has been provisionally filed on March 7, 2012. (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 must correct
the defect listed below. FAILURE TO CORRECT THE DEFECT MAY
RESULT IN DISMISSAL OF THE PETITION.
Plaintiff has failed to include the $350.00 filing fee. Plaintiff 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 chooses to do the latter, the enclosed pauper’s forms should be completed
and returned to this court.
IT IS THEREFORE ORDERED that:
1.
Plaintiff is directed to correct the above-listed technical defect in the
Complaint on or before April 20, 2012.

2.
Failure to comply with this Memorandum and Order will result in
dismissal of this matter without further notice.
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: April 20, 2012: deadline for payment
or filing of IFP application
DATED this 21st day of March, 2012.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge