Jesse et al v. Jesse et al
Filing
4
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiffs are directed to correct the above-listed technical defect in the Complaint on or before October 12, 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 each 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 dea dline in this matter with the following text: October 12, 2012: deadline for payment or filing of IFP application. In the event Plaintiffs or their representatives seek to file any additional case in this court, the proposed complaint must be accom panied by the full filing fee or motions to proceed in forma pauperis by each Plaintiff. If Plaintiffs do not comply with this Memorandum and Order, the court will return the proposed complaint to Plaintiffs without filing. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(TCL )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EDMOND R. JESSE, Husband and
wife in the Flesh and Blood as a living
man and woman and the Martial Trust
thereof, and KATHLEEN M. JESSE,
Husband and wife in the Flesh and
Blood as a living man and woman and
the Martial Trust thereof,
Plaintiffs,
v.
LANCE R. JESSE, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
8:12CV279
MEMORANDUM
AND ORDER
This matter is before the court on its own motion. The above-captioned matter was
provisionally filed on August 1, 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, Plaintiffs must correct the defect listed
below. FAILURE TO CORRECT THE DEFECT MAY RESULT IN DISMISSAL
OF THE PETITION.
Plaintiffs have failed to include the $350.00 filing fee. Plaintiffs have 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 Plaintiffs
choose to do the latter, the enclosed pauper’s forms should be completed and returned to
this court. Each Plaintiff must submit a request to proceed in forma pauperis and an
affidavit of poverty in support thereof.
In addition, the court notes that Plaintiffs have filed seven nearly-identical matters
in this court since August 1, 2012. However, Plaintiffs did not submit the filing fee, or
motions to proceed in forma pauperis, in any of these matters. In light of this, the court
will not accept any further new cases from Plaintiffs, or their representatives, unless
accompanied by the full filing fee or motions to proceed in forma pauperis by each
Plaintiff.
IT IS THEREFORE ORDERED that:
1.
Plaintiffs are directed to correct the above-listed technical defect in the
Complaint on or before October 12, 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 each 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: October 12, 2012: deadline for payment or filing of
IFP application.
5.
In the event Plaintiffs or their representatives seek to file any additional case
in this court, the proposed complaint must be accompanied by the full filing fee or
motions to proceed in forma pauperis by each Plaintiff. If Plaintiffs do not comply with
this Memorandum and Order, the court will return the proposed complaint to Plaintiffs
without filing.
2
DATED this 12th day of September, 2012.
BY THE COURT:
s/ John M. Gerrard
United States District Judge
*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District of
Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on
their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court accepts
no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs
the user to some other site does not affect the opinion of the court.
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?