Oliver v. Omaha Police Department et al

Filing 17

MEMORANDUM AND ORDER - IT IS ORDERED that plaintiff's Motion to Extend (Filing No. 15 ) is denied. Plaintiff must pay an initial partial filing fee in the amount of $1.40 by July 7, 2014. Failure to do so will result in dismissal of this matter without further notice. (See Filing No. 14 .) 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 plaintiff’s Motion
for Extension of Time (Filing No. 15).

Plaintiff asks the Court

to allow him to pay the filing fee after he is released from
jail.

(Id.)

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.

Thus, plaintiff’s request to waive the

filing fee until after he is released from jail will be denied.
IT IS ORDERED that plaintiff’s Motion to Extend (Filing
No. 15) is denied.

Plaintiff must pay an initial partial filing

fee in the amount of $1.40 by July 7, 2014.

Failure to do so

will result in dismissal of this matter without further notice.
(See Filing No. 14.)
DATED this 1st day of July, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

*This opinion may contain hyperlinks to other documents or Web sites. The
U.S. District Court for the District of Nebraska does not endorse, recommend,
approve, or guarantee any third parties or the services or products they provide on
their Web sites. Likewise, the Court has no agreements with any of these third
parties or their Web sites. The Court accepts no responsibility for the
availability or functionality of any hyperlink. Thus, the fact that a hyperlink
ceases to work or directs the user to some other site does not affect the opinion of
the Court.

-2-