Battle et al v. Nebraska State Prison Medical Dept. et al

Filing 14

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff must either submit an updated request to proceed in forma pauperis and poverty affidavit or tender the courts $400.00 filing and administrative fees within 30 days. Failure to ta ke either action will result in the court dismissing this action without further notice to Plaintiff. The Clerk of Court is directed to send to Plaintiff the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit. The Clerk of Court is directed to set a pro se case management deadline in this matter with the following text: February 2, 2015: deadline for payment or filing of IFP application. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with AO240 form)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STEVEN K. BATTLE,

)
)
Plaintiff,
)
)
v.
)
)
NEBRASKA STATE PRISON
)
MEDICAL DEPT., DR.
)
FERGUSON, official and individual )
capacities, NEBRASKA DEPT. OF
)
CORRECTIONS, KITCHEN STAFF )
AT N.S.P., and UNIT #6 IN
)
OFFICIAL CAPACITY,
)
)
Defendants.
)

8:14CV398

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff Steven Battle’s notice of change of
address. Plaintiff is no longer a prisoner and the court must determine whether he
still qualifies for in forma pauperis status. Plaintiff must submit an updated request
to proceed in forma pauperis and poverty affidavit. In the alternative, Plaintiff may
tender the $400.00 filing and administrative fees to the Clerk of Court.
IT IS THEREFORE ORDERED that:
1.
Plaintiff must either submit an updated request to proceed in forma
pauperis and poverty affidavit or tender the court’s $400.00 filing and administrative
fees within 30 days. Failure to take either action will result in the court dismissing
this action without further notice to Plaintiff.
2.
The Clerk of Court is directed to send to Plaintiff the Form AO240,
Application to Proceed Without Prepayment of Fees and Affidavit.

3.
The Clerk of Court is directed to set a pro se case management deadline
in this matter with the following text: February 2, 2015: deadline for payment or
filing of IFP application.
DATED this 5th day of January, 2015.
BY THE COURT:

s/ Joseph F. Bataillon
Senior United States District Judge

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