Phillips v. Frakes et al

Filing 4

MEMORANDUM AND ORDER 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 dismissal of this matter wi thout further notice. 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: January 19, 2017: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JARROD PHILLIPS,
Plaintiff,
V.
SCOTT FRAKES, DIANE
SABATKA-RINE, MIKE
ROTHWELL, JOHN CHAVEZ, and
JAMES ROCKE,
Defendants.

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8:16CV554

MEMORANDUM AND ORDER

This matter is before the court on its own motion. Plaintiff filed a Complaint
(Filing No. 1) on December 12, 2016. 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.
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 Court is directed to send to Plaintiff the Form AO240

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.
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(“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: January 19, 2017: Check for MIFP or payment.
DATED this 20th day of December, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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