Butler et al v. Lancaster County Dept of Corrections et al

Filing 12

MEMORANDUM AND ORDER - The following plaintiffs are directed to correct the above-listed technical defects within 30 days of the date of this memorandum and order: Michael Evans, Bao Nguyen, Jesse Dyer, Brent Abbink, and Miguel Alvarez. Failure of a ny plaintiff to comply with this memorandum and order will result in dismissal of this matter as to such plaintiff. The Clerk of the Court is directed to send the Form AO240 (Application to Proceed Without Prepayment of Fees and Affidavit) to Micha el Evans, Bao Nguyen, Jesse Dyer, Brent Abbink, and Miguel Alvarez. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 11/11/2014: Check for MIFP or payment from each plaintiff;dismiss as to any plaintiff who did not comply ) Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party with AO240 forms as directed)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SERGIO BUTLER, MICHAEL EVANS, )
BAO NGUYEN, JESSE DYER,
)
BRENT ABBINK, MIGUEL ALVAREZ, )
)
Plaintiffs,
)
)
v.
)
)
LANCASTER COUNTY DEPT OF
)
CORRECTIONS and LANCASTER
)
COUNTY,
)
)
Defendants.
)
)

8:14CV306

MEMORANDUM AND ORDER

This matter is before the Court on the complaint in
this action filed by six prisoner plaintiffs (Filing No. 1).
Only one of the named plaintiffs, Surgio Butler, has filed a
motion for leave to proceed in forma pauperis.

No other

plaintiff has filed a motion for leave to proceed in forma
pauperis or paid the Court’s $400 filing and administrative fees.
(See Docket Sheet.)
In the United States District Court for the District of
Nebraska, joinder of prisoner plaintiffs is allowed; however,
each prisoner plaintiff must pay a separate filing fee,
notwithstanding the collection of multiple fees per case.

See

Cole v. Houston, No. 4:06cv3314, 2007 WL 1309821 (D. Neb. March
30, 2007).

Here, the following plaintiffs have failed to include
the $400.00 filing and administrative fees:

Michael Evans, Bao

Nguyen, Jesse Dyer, Brent Abbink, and Miguel Alvarez.

Each of

these plaintiffs must either tender the $400.00 filing and
administrative fees to the Clerk of the Court or submit a request
to proceed in forma pauperis which, if granted, would allow him
to pay the filing fee in installments.

If plaintiffs choose to

do the latter, the enclosed pauper’s forms should be completed
and returned to this Court.
IT IS ORDERED:
1.

The following plaintiffs are directed to correct

the above-listed technical defects within 30 days of the date of
this memorandum and order:

Michael Evans, Bao Nguyen, Jesse

Dyer, Brent Abbink, and Miguel Alvarez.

Failure of any plaintiff

to comply with this memorandum and order will result in dismissal
of this matter as to such plaintiff.
2.

The Clerk of the Court is directed to send the

Form AO240 (“Application to Proceed Without Prepayment of Fees
and Affidavit”) to Michael Evans, Bao Nguyen, Jesse Dyer, Brent
Abbink, and Miguel Alvarez.
3.

The Clerk of the Court is directed to set a pro se

case management deadline in this matter with the following text:

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November 11, 2014: Check for MIFP or payment from each plaintiff;
dismiss as to any plaintiff who did not comply.
DATED this 9th day of October, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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