Oliver v. Omaha Police Department et al
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
OMAHA POLICE DEPARTMENT and
AARON GURZICK, ser no. 1884, )
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
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).
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
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