Medina v. Ancient Mystical Order Rosey Cross et al

Filing 4

MEMORANDUM AND ORDER - Plaintiff is directed to correct the above-listed technical defect in the Complaint within 30 days of the date of this Memorandum and Order. Failure to comply as directed will result in dismissal of this case for want of pr osecution. The Clerk of the Court is directed to send to Plaintiff 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: January 2, 2015: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with AO240 Form)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERNEST MEDINA,
Plaintiff,
v.
ANCIENT MYSTICAL ORDER
ROSEY CROSS, ROSICRUCIAN
FELLOWSHIP, and BEVERLY
HALL CORPORATION,
Defendants.

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8:14CV387

MEMORANDUM
AND ORDER

The above-captioned matter was provisionally filed on November 26, 2014.
(Filing No. 1.) However, 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 MAY
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.

If Plaintiff is granted leave to proceed in forma pauperis (“IFP”) in this matter,
he will be allowed to pay the court’s $350 filing fee in installments. See 28 U.S.C.
§ 1915(b)(1); In re Tyler, 110 F.3d 528, 529-30 (8th Cir. 1997). In addition, he will
not be subject to the $50.00 administrative fee assessed to non-IFP plaintiffs.
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IT IS THEREFORE ORDERED that:
1.
Plaintiff is directed to correct the above-listed technical defect in the
Complaint within 30 days of the date of this Memorandum and Order.
2.
Failure to comply as directed will result in dismissal of this case for want
of prosecution.
3.
The Clerk of the Court is directed to send to Plaintiff 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: January 2, 2015: Check for MIFP or
payment.
DATED this 1st day of December, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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