Van Akin v. State of Kansas Corp. et al

Filing 12

MEMORANDUM AND ORDER - The plaintiff's motion to alter or amend the judgment 8 is denied. The 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. Fai lure to take either action will result in dismissal of this matter without further notice. The Clerk of the Court is directed to send the 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 for May 12, 2017 with the following docket text: Check for motion to proceed in forma pauperis or payment.Ordered by Judge John M. Gerrard. (Copy mailed to pro se party) (CS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRIAN VAN AKIN,
Plaintiff,

8:17-CV-94

vs.
MEMORANDUM AND ORDER
STATE OF KANSAS CORP. et al.,
Defendant.
This matter is before the Court on the plaintiff's "objection" (filing 8) to
the Court's dismissal of his complaint for lack of jurisdiction. See filing 6. The
Court construes the plaintiff's request as a motion to alter or amend the
judgment under Fed. R. Civ. P. 59(e). The Court has considered the plaintiff's
motion, and it is denied.
The plaintiff also filed a Notice of Appeal (filing 9) on April 11, 2017.
However, he failed to include the $505.00 filing and docket fees to the clerk's
office. Nor did he submit 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 the plaintiff.
IT IS ORDERED:
1.

The plaintiff's motion to alter or amend the judgment
(filing 8) is denied.

2.

The 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.
3.

The Clerk of the Court is directed to send the plaintiff the
Form AO240 ("Application to Proceed Without Prepayment
of Fees and Affidavit").

4.

The Clerk of the Court is directed to set a pro se case
management deadline for May 12, 2017 with the following
docket text: Check for motion to proceed in forma
pauperis or payment.

Dated this 12th day of April, 2017.
BY THE COURT:

John M. Gerrard
United States District Judge

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