Robinson v. State of Nebraska

Filing 4

MEMORANDUM AND ORDER that the 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. 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: July 14, 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
ERIC ROBINSON,
Plaintiff,

8:17CV204

vs.
STATE OF NEBRASKA,

MEMORANDUM
AND ORDER

Defendant.
This matter is before the court on its own motion. Plaintiff filed a Complaint
for Writ of Mandamus (Filing No. 1) on June 9, 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.
2.
The Clerk of Court is directed to send to Plaintiff the Form AO240
(“Application to Proceed Without Prepayment of Fees and Affidavit”).
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Plaintiff states that “the new writ has nothing to do with the civil Michael
P. Huerta F.A.A. writ.” (Filing No. 1 at CM/ECF p. 3.) Accordingly, the court
opened this matter. Plaintiff cannot rely upon the motion for in forma pauperis that
he filed in Robinson v. Huerta, Case No. 4:13CV3130 (D. Neb. 2013). He must
file a new one for this case.

3.
The Clerk of Court is directed to set a pro se case management
deadline in this matter with the following text: July 14, 2017: Check for MIFP or
payment.
Dated this 14th day of June, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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