Stelly et al v. Peters et al

Filing 5

MEMORANDUM AND ORDER - Plaintiffs Cheryl Williams and Goly Young have the choice of either tendering the $400.00 fees to the Clerk of the court or of each submitting a request to proceed in forma pauperis and an affidavit of poverty in support thereof. Failure to comply with this Memorandum and Order will result in dismissal of this matter as to any plaintiff who has not submitted a request to proceed in forma pauperis if the filing and administrative fees have not been paid in the ca se. The Clerk of the court is directed to send to Plaintiffs Cheryl Williams and Goly Young the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: July 9, 2014: Check for MIFP or payment from Young and Williams. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MATTHEW STELLY, CHERYL
WILLIAMS, and GOLY YOUNG,

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)
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Plaintiffs,
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v.
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)
ROBERT PETERS, JAMES THELE, )
MIKE SAKLAR, and MARTIN
)
SHUKERT,
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Defendants.
)

8:14CV170

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. The above-captioned matter
was provisionally filed on June 6, 2014, by Plaintiffs Matthew Stelly, Cheryl
Williams, and Goly Young. (Filing No. 1.) All three Plaintiffs signed the Complaint.
However, only Plaintiff Matthew Stelly submitted a motion to proceed in forma
pauperis (“IFP”). (Filing No. 2.) Plaintiffs Cheryl Williams and Goly Young did not
submit a motion to proceed IFP or pay the court’s $400.00 filing and administrative
fees.
Although only one filing fee needs to be paid per case in a nonprisoner case
such as this one, if multiple plaintiffs seek to proceed IFP, each plaintiff must qualify
for IFP status. Plaintiffs Cheryl Williams and Goly Young have the choice of either
tendering the $400.00 filing and administrative fees to the Clerk of the court or of
each submitting a request to proceed in forma pauperis and an affidavit of poverty in
support thereof. If Plaintiffs choose to do the latter, the enclosed pauper’s forms
should be completed and returned to this court.

IT IS THEREFORE ORDERED that:
1.
Plaintiffs Cheryl Williams and Goly Young have the choice of either
tendering the $400.00 fees to the Clerk of the court or of each submitting a request
to proceed in forma pauperis and an affidavit of poverty in support thereof.
2.
Failure to comply with this Memorandum and Order will result in
dismissal of this matter as to any plaintiff who has not submitted a request to proceed
in forma pauperis if the filing and administrative fees have not been paid in the case.
3.
The Clerk of the court is directed to send to Plaintiffs Cheryl Williams
and Goly Young the Form AO240, Application to Proceed Without Prepayment of
Fees and Affidavit.
4.
The Clerk of the court is directed to set a pro se case management
deadline in this matter with the following text: July 9, 2014: Check for MIFP or
payment from Young and Williams.
DATED this 9th day of June, 2014.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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