Franklin v. Frakes et al

Filing 47

MEMORANDUM AND ORDER - Plaintiff must either file a new request for leave to proceed in forma pauperis or pay the court's $400.00 filing and administrative fees within 30 days. Failure to take either action will result in dismissal of this matter without further notice to Plaintiff. The clerk of the court is directed to send to Plaintiff the Form AO 240, "Application to Proceed Without Prepayment of Fees and Affidavit." The clerk of the court is directed to set a pro se case management deadline with the following text: August 31, 2017: deadline for Plaintiff to file new IFP application or pay filing fee. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party along with AO240 form) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSHUA G. FRANKLIN, SR.,
Plaintiff,

8:16CV470

vs.
DIANE SABATKA-RINE, Deputy
Director, In her Individual and Official
Capacity; FRED BRITTEN, Warden, In
his Individual and Official Capacity;
CURT WEES, Unit Administrator, In
his Individual and Official Capacity;
MCCLYMONT, Case Manager;
DENNIS BAKEWELL, and CHARLES
RINE,

MEMORANDUM
AND ORDER

Defendants.
Plaintiff filed his Complaint in this matter on October 17, 2016, while he
was incarcerated. The court granted him leave to proceed in forma pauperis on
October 28, 2016, also while he was incarcerated. The Nebraska Department of
Correctional Services notified the court on July 17, 2017, that Plaintiff is no longer
incarcerated. (See Filing No. 39.)
Since Plaintiff is no longer incarcerated, he must now file a new application
for leave to proceed in forma pauperis if he wishes to continue pursuing this case
in forma pauperis. Plaintiff may, in the alternative, pay the court’s $400.00 filing
and administrative fees.

IT IS THEREFORE ORDERED that:
1.
Plaintiff must either file a new request for leave to proceed in forma
pauperis or pay the court’s $400.00 filing and administrative fees within 30 days.
Failure to take either action will result in dismissal of this matter without further
notice to Plaintiff.
2.
The clerk of the court is directed to send to Plaintiff the Form AO
240, “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 with the following text: August 31, 2017: deadline for Plaintiff to file
new IFP application or pay filing fee.
Dated this 1st day of August, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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