Luevano v. Ruiz et al
MEMORANDUM AND ORDER - Plaintiff is directed to correct the above-listed technical defect in the Complaint on or before August 13, 2012. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice. (Pro Se Case Management Deadline set for 8/13/2012: Check for MIFP or payment) Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party with AO240 form as directed) (TEL)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
R. RUIZ, SGT. DE LOS SANTOS,
WARDENS, Huntsville TX., and
GOV. RICK PERRY, et al.,
CASE NO. 8:12CV232
This matter is before the court on its own motion. The above-captioned matter has
been provisionally filed on July 2, 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 WILL RESULT IN DISMISSAL OF THE
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.
Plaintiff 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.
IT IS THEREFORE ORDERED that:
Plaintiff is directed to correct the above-listed technical defect in the
Complaint on or before August 13, 2012;
Failure to comply with this Memorandum and Order will result in dismissal of
this matter without further notice;
The Clerk of the court is directed to send to Plaintiff the Form AO240,
Application to Proceed Without Prepayment of Fees and Affidavit; and
The Clerk of the court is directed to set a pro se case management deadline
in this matter with the following text: August 13, 2012: Check for MIFP or
DATED this 13th day of July, 2012.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
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