Dieteman v. Douglous Co. Corrections

Filing 6

MEMORANDUM AND ORDER - Plaintiff is directed to correct the above-listed technical defect in the Complaint on or before October 14, 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: October 14, 2012: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with AO240 Form)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CORY DIETEMAN,
Plaintiff,
v.
DOUGLAS CO. CORRECTIONS,
Defendant.

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8:12CV291

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The above-captioned matter
has been provisionally filed on August 16, 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 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. 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:
1.

Plaintiff is directed to correct the above-listed technical defect in the

Complaint on or before October 14, 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: October 14, 2012: Check for MIFP or
payment.
DATED this 14 th day of September, 2012.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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