Oliver v. Omaha Police Department et al

Filing 14

MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff shall have an extension of time, until 30 days from the date of this memorandum and order, in which to pay an initial partial filing fee in the amount of $1.40. Failure to pay the initial partia l filing fee within 30 days will result in dismissal of this case without further notice. The clerk's office is directed to set a pro se case management deadline in this case using the following text: July 7, 2014: Deadline for plaintiff to pay initial partial filing fee. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JUSTIN OLIVER,

)
)
Plaintiff,
)
)
v.
)
)
OMAHA POLICE DEPARTMENT and
)
AARON GURZICK, ser no. 1884, )
)
Defendants.
)
______________________________)

8:14CV62

MEMORANDUM AND ORDER

This matter is before the Court on correspondence from
plaintiff dated April 30, 2014 (Filing No. 13.)

Plaintiff states

that he has “no financial income or outside support” and asks for
a “payment arrangement” for payment of the Court’s filing fee.
Under the Prison Litigation Reform Act, an indigent
inmate who files a lawsuit in federal court must pay the $350.00
filing fee, first by making an initial partial payment and then
by sending the remainder of the fee to the Court in installments.
The method for collecting the filing fee from a prisoner is
specifically provided for in 28 U.S.C. § 1915(b).

Section

1915(b) is written in mandatory terms (“shall”), leaving no
discretion to the district court to waive an in forma pauperis
prisoner’s filing fee.
In this case, plaintiff was granted leave to proceed in
forma pauperis on April 16, 2014, and the Court assessed an

initial partial filing fee in the amount of $1.40 to be paid by
May 12, 2014 (Filing No. 12).

To date, plaintiff has not paid

the initial partial filing fee.

On the Court’s own motion,

plaintiff will be given 30 days from the date of this memorandum
and order in which to pay the initial partial filing fee.

If the

Court does not receive payment within 30 days, this case will be
dismissed.
IT IS ORDERED:
1.

Plaintiff shall have an extension of time, until

30 days from the date of this memorandum and order, in which to
pay an initial partial filing fee in the amount of $1.40.
Failure to pay the initial partial filing fee within 30 days will
result in dismissal of this case without further notice.
2.

The clerk’s office is directed to set a pro se

case management deadline in this case using the following text:
July 7, 2014:

Deadline for plaintiff to pay initial partial

filing fee.
DATED this 5th day of June, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court
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