Medina v. Thurber et al
Filing
4
MEMORANDUM AND ORDER - Plaintiff is directed to submit the $400.00 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 f urther notice. 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: October 16, 2015: Check for MIFP or payment. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party with form as directed)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERNEST MEDINA,
Plaintiff,
v.
MICHAEL THURBER, Director,
BRADLEY JOHNSON, Jail
Administrator, BRENDA FISHER,
Programs Director, LT.
MCLAUGHLIN, Appeals Coordinator
I, SGT. SHAFER, Appeals
Coordinator II, SGT. CONTRERAS,
Classifacation Sgt, CHIEF MEDICAL
OFFICER, John Doe, ROSS
ROBBINS, Correctional Officer,
CHRISTI WOLF, Correctional Officer,
and LANCASTER COUNTY
CORRECTIONS DEPT - A.D.F.,
Defendants.
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8:15CV332
MEMORANDUM
AND ORDER
This matter is before the Court on its own motion. Plaintiff filed a Complaint (Filing
No. 1) on September 8, 2015. However, Plaintiff failed to include the $400.00 filing and
administrative fees. Plaintiff has the choice of either submitting the $400.00 filing and
administrative fees to the clerk’s office or submitting a request to proceed in forma
pauperis.1 Failure to take either action within 30 days will result in the Court dismissing this
case without further notice to Plaintiff. Accordingly,
1
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). He would not be subject to the $50.00 administrative fee assessed to non-IFP plaintiffs.
IT IS ORDERED that:
1.
Plaintiff is directed to submit the $400.00 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: October 16, 2015 : Check for MIFP or
payment.
DATED this 15th day of September, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
2
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