Chrisp v. Lancaster County Jail et al

Filing 6

MEMORANDUM AND ORDER that Plaintiff is directed to correct the above-listed technical defect within 30 days of the date of this Memorandum and Order. Failure to comply with this Memorandum and Order will result in dismissal of this matter without fur ther notice. The Clerk of the court is directed to send to Petitioner 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: December 12, 2014: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party as directed) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CAMERON CHRISP,
Plaintiff,
v.
LANCASTER COUNTY JAIL, and
SAUNDERS COUNTY JAIL,
Defendants.

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8:14CV344

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Plaintiff filed his Complaint
(Filing No. 1) on October 27, 2014. Due to certain technical defects, the Complaint
cannot be further processed. 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 has failed to include the $400.00 filing and administrative fees.
Plaintiff has the choice of either tendering the $400.00 fees to the Clerk of the Court
or submitting a request to proceed in forma pauperis and an affidavit of poverty in
support thereof.1 If Plaintiff chooses to do the latter, the enclosed pauper’s forms
should be completed and returned to this court.
Plaintiff seeks an order from this court waiving his payment of the court’s filing
fee. 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

A plaintiff whose application for pauper status is approved will be charged a
filing fee of $350.00, as he is not subject to the $50.00 administrative fee assessed to
non-IFP plaintiffs.
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U.S.C. § 1915(b). Section 1915(b) is written in mandatory terms (“the prisoner shall
be required to pay”), leaving no discretion to the district court to waive an in forma
pauperis prisoner’s filing fee. Accordingly, Plaintiff’s request for a waiver of the
filing fee will be denied.
IT IS THEREFORE ORDERED that:
1.
Plaintiff is directed to correct the above-listed technical defect within 30
days of the date of this Memorandum and Order. Failure to comply with this
Memorandum and Order will result in dismissal of this matter without further notice.
2.
The Clerk of the court is directed to send to Petitioner the Form AO240
(“Application to Proceed Without Prepayment of Fees and Affidavit”).
3.
The Clerk of the court is directed to set a pro se case management
deadline in this matter with the following text: December 12, 2014: Check for MIFP
or payment.
DATED this 10th day of November, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

*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.

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