English v. Angela et al

Filing 8

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff is directed to correct the above-listed technical defect in the Complaint on or before March 3, 2014. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERIC ENGLISH,
Plaintiff,
v.
ANGELA, et al.,
Defendants.

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8:13CV299

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On September 25, 2013,
Plaintiff filed his Complaint and Motion for Leave to proceed in forma pauperis
(“IFP”). (Filing Nos. 1 and 2.) 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 COMPLAINT.
Plaintiff did not include a copy of his prison trust account statement with his
IFP Motion. See 28 U.S.C. § 1915(a)(2) (requiring a “prisoner seeking to bring a
civil action . . . without prepayment of fees” to “submit a certified copy of the trust
fund account statement (or institutional equivalent) for the prisoner for the 6-month
period immediately preceding the filing of the complaint . . . , obtained from the
appropriate official of each prison at which the prisoner is or was confined”).
Accordingly, Plaintiff shall have until March 3, 2014, to either tender the $400.00
filing and administrative fees to the Clerk of the court or submit a prison trust account
statement in accordance with 28 U.S.C. § 1915(a)(2).
IT IS THEREFORE ORDERED that:

1.
Plaintiff is directed to correct the above-listed technical defect in the
Complaint on or before March 3, 2014.
2.
Failure to comply with this Memorandum and Order will result in
dismissal of this matter without further notice.
DATED this 4th day of February, 2014.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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