Clayborne v. Tecumseh Department of Corrections et al

Filing 87

ORDER - Plaintiff is directed to submit the $505.00 fees to the clerk's office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without further notice. Th e 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: August 31, 2018: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with blank IFP) (LKO)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ROBERT EARL CLAYBORNE JR., ) ) Plaintiff, ) ) v. ) ) TECUMSEH DEPARTMENT OF ) CORRECTIONS, an agency of the State, ) SCOTT FRANKS, Director of the ) Nebraska Corrections Dept., all ) defendants being sued in their official ) and individual capacity, BRIAN GAGE, ) Warden of the Tecumseh Corrections ) Dept., all defendants being sued in their ) official and individual capacity, ) GUTHRIE, Case worker with the ) Tecumseh Correction Dept., all ) defendants being sued in their official ) and individual capacity, TOMPKINS, ) Case worker with the Tecumseh ) Corrections Dept., all defendants being ) sued in their official and individual ) capacity, KEITH BROADFOOT, Unit ) Manager, Tecumseh Corrections ) Department, all defendants being sued in ) their official and individual capacity, ) SHERMAN, Unit Administrator, ) Tecumseh Corrections Department, all ) defendants being sued in their official ) and individual capacity, and CROP, ) Officer, with the Tecumseh Corrections ) Dept., ) ) Defendants. ) ) 8:15CV198 ORDER This matter is before the court on its own motion. Plaintiff filed a Notice of Appeal (Filing No. 82) on July 20, 2018. However, Plaintiff failed to include the $505.00 filing and docket fees. Plaintiff has the choice of either submitting the $505.00 filing and docket fees to the clerk’s office or submitting a request to proceed in forma pauperis. Failure to take either action within 30 days will result in the court dismissing this case without further notice to Plaintiff. IT IS THEREFORE ORDERED that: 1. Plaintiff is directed to submit the $505.00 fees to the clerk’s office or submit a request to proceed in forma pauperis within 30 days. Failure to take either action will result in dismissal of this matter without further notice. 2. The clerk of the court is directed to send to Plaintiff 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: August 31, 2018: Check for MIFP or payment. DATED this 1st day of August, 2018. BY THE COURT: s/ Richard G. Kopf Senior United States District Judge 2

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