Purdy v. Douglas County Corrections Center et al

Filing 4

MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: 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 dism issal of this matter without further 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: November 16, 2015: Check for MIFP or payment. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party with AO Form 240)(TCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANTHONY P. PURDY,

)
)
Plaintiff,
)
)
v.
)
)
DOUGLAS COUNTY
)
CORRECTIONS CENTER,
)
DOUGLAS COUNTY, CITY OF
)
OMAHA, CCS MEDICAL
)
PROVIDER, MEDICAL
)
DEPARTMENT, MEDICAL STAFF, )
DONUA RICKIE, PSYCHIATRIST )
FOR CCS, CAPTAIN EARLY, and
)
MARK FAXHALL,
)
)
Defendants.
)

8:15CV363

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Plaintiff filed a Complaint
(Filing No. 1) on October 1, 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.

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 THEREFORE 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: November 16, 2015: Check for MIFP
or payment.
DATED this 13th day of October, 2015.
BY THE COURT:

s/ Joseph F. Bataillon
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.

2