Robinson v. State of Nebraska

Filing 12

MEMORANDUM AND ORDER that no later than August 9, 2017, Plaintiff shall file a complaint with the $400.00 in filing fees to the clerk's office or submit a request to proceed in forma pauperis. The complaint shall comply with Federal Rul e of Civil Procedure 8. Failure to comply with these requirements will result in dismissal of this action without further notice to Plaintiff. The clerk's office is directed to send a copy of the Memorandum and Order dated June 14, 2017 (Fili ng No. 4 ) with the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit") to Plaintiff at the current address on file for him. The clerk's office is directed to terminate the pro se case management deadline for July 21, 2017, and to set a pro se case management deadline using the following text: August 9, 2017: check for complaint and payment of fees/IFP motion.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
ERIC ROBINSON,
Plaintiff,

8:17CV204

vs.
STATE OF NEBRASKA,

MEMORANDUM
AND ORDER

Defendant.
This matter is before the court on Plaintiff’s recent filings. (Filing Nos. 911.) On June 14 and 21, 2017, the clerk’s office sent mail to the Plaintiff at the
Lancaster County Jail, the address for him on file with the court. The mail was
returned as undeliverable with no forwarding address on file. Plaintiff’s recent
filings inform the court that he has been returned to the custody of the Lancaster
County Jail. The court will order the clerk’s office to send Plaintiff the
Memorandum and Order dated June 14, 2017, directing Plaintiff to either submit
the $400.00 in filing fees to the clerk’s office or submit a request to proceed in
forma pauperis within 30 days. Plaintiff shall, instead, have until 30 days from the
date of this Memorandum and Order to comply.
The court understands from Plaintiff’s recent filings that he intends to file a
future complaint. The court warns Plaintiff that it will no longer accept
piecemeal filings from him. He shall file a complaint with the required payment
of fees or request to proceed in forma pauperis. Furthermore, any complaint shall
comply with Federal Rule of Civil Procedure 8, which states that a pleading must
contain “a short and plain statement of the claim showing that the pleader is
entitled to relief.” (emphasis added). Plaintiff’s filings to date have not complied
with Rule 8. Failure to comply with these requirements will result in dismissal
of this action without further notice to Plaintiff.

IT IS THEREFORE ORDERED that:
1.
No later than August 9, 2017, Plaintiff shall file a complaint with the
$400.00 in filing fees to the clerk’s office or submit a request to proceed in forma
pauperis. The complaint shall comply with Federal Rule of Civil Procedure 8.
Failure to comply with these requirements will result in dismissal of this
action without further notice to Plaintiff.
2.
The clerk’s office is directed to send a copy of the Memorandum and
Order dated June 14, 2017 (Filing No. 4) with the Form AO240 (“Application to
Proceed Without Prepayment of Fees and Affidavit”) to Plaintiff at the current
address on file for him.
3.
The clerk’s office is directed to terminate the pro se case management
deadline for July 21, 2017, and to set a pro se case management deadline using the
following text: August 9, 2017: check for complaint and payment of fees/IFP
motion.
Dated this 10th day of July, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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