Aguilera v. Omaha Police Department et al

Filing 4

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 further notice. Th e 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: July 6, 2017: Check for MIFP or payment. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party with AO240 Form) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PHILIP A. AGUILERA,

)
)
Plaintiff,
)
)
v.
)
)
OMAHA POLICE DEPARTMENT, )
CITY OF OMAHA, K9 UNIT,
)
JOSHUA DOWNS, CHRISTOPHER )
ROCK, HALL JOSEPH, HEATH,
)
and BRIAN A.,
)
)
Defendants.
)
)

8:17CV189

ORDER

This matter is before the court on its own motion. Plaintiff filed a Complaint
(Filing No. 1) on June 2, 2017. 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.

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.
1

2.
The Clerk of Court is directed to send to Plaintiff the Form AO240
(“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: July 6, 2017: Check for MIFP or payment.
DATED this 6th day of June, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge