Oliver v. Omaha Police Department et al

Filing 7

MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff is directed to correct the above-listed technical defect in the complaint on or before April 25, 2014. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice. 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 its own motion.

On

February 27, 2014, 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 April 25,

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 ORDERED:
1.

Plaintiff is directed to correct the above-listed

technical defect in the complaint on or before April 25, 2014.
2.

Failure to comply with this Memorandum and Order

will result in dismissal of this matter without further notice.
DATED this 31st day of March, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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