Jesse et al v. Jesse et al
Filing
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MEMORANDUM AND ORDER that the plaintiffs shall pay the filing or submit motions to proceed in forma pauperis on or before 9/28/12. The Clerk of the court is directed to send to each Plaintiff the Form AO240, Application to Proceed Without Prepaymen t 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: September 28, 2012: deadline for payment or filing of IFP application. In the event Plaintiffs or their r epresentatives 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. Ordered by Judge Joseph F. Bataillon. (Copy mailed with Form AO240 to each pro se party as directed)(ADB)
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, (Principal), et al.,
Defendants.
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8:12CV304
MEMORANDUM
AND ORDER
This matter is before the court on its own motion. The above-captioned matter has
been provisionally filed on August 14, 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 September 28, 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: September 28, 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.
DATED this 31st day of August, 2012.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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