White et al v. American Correctional Association et al
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff is directed to correct the above-listed technical defects within 30 days of the date of this Memorandum and Order. Failure to comply with this Memorandum and Order will result in dismiss al of this matter without further notice. The Clerk of the court is directed to send to Plaintiff the pro se civil complaint form and the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit"). The Clerk of the c ourt is directed to set a pro se case management deadline in this matter with the following text: April 25, 2013: Check for MIFP or payment and amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with forms)(TCL )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PATRICK A. WHITE,
This matter is before the court on its own motion. Plaintiff provisionally filed
a Complaint on February 26, 2013. (Filing No. 1.) Due to certain technical defects,
the Complaint cannot be further processed. To assure further consideration of the
Complaint, Plaintiff must correct the defects listed below. FAILURE TO
CORRECT THESE DEFECTS 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 did not sign his Complaint, or name any defendants. In order for this
matter to proceed, Plaintiff must file a signed amended complaint that complies with
the general rules of pleading. See Fed. R. Civ. P. 8(a)(2) (requiring that every
complaint contain “a short and plain statement of the claim showing that the pleader
is entitled to relief”); see also Erickson v. Pardus, 551 U.S. 89, 93 (2007) (stating a
complaint must state enough to give the defendant fair notice of what the claim is and
the grounds upon which it rests).
IT IS THEREFORE ORDERED that:
Plaintiff is directed to correct the above-listed technical defects within
30 days of the date of this Memorandum and Order. 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 pro se civil
complaint form and 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 25, 2013: Check for MIFP or
payment and amended complaint.
DATED this 25th day of March, 2013.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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