Baker v. Ricketts

Filing 7

MEMORANDUM AND ORDER - Plaintiff's Motion to Proceed in Forma Pauperis (Filing No. 2 ) is denied. Plaintiff shall pay the $400.00 filing fee no later than January 2, 2018. Failure to comply with this order will result in dismissal of this matter without further notice. The clerk's office is directed to set a pro se case management deadline using the following text: January 2, 2018: deadline for Plaintiff to pay $400.00 filing fee. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party; e-mailed to Finance) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARK BAKER,
Plaintiff,

8:17CV443

vs.
PETE RICKETTS, Governor of
Nebraska;

MEMORANDUM
AND ORDER

Defendant.
This matter is before the court on Plaintiff’s Motion to Proceed in Forma
Pauperis. (Filing No. 2.) The court has received a certified copy of Plaintiff’s trust
account information. (Filing No. 6.)
During the past six months, Plaintiff’s average monthly balance was
$2,898.98 and his average monthly deposits were $18.94. Pursuant to 28 U.S.C. §
1915(b)(1), Plaintiff must pay an initial partial filing fee in the amount of 20
percent of the greater of his average monthly account balance or average monthly
deposits for the six months preceding the filing of the Complaint. Therefore, even
if the court were to grant Plaintiff in forma pauperis status, he would be required to
pay 20 percent of $2,898.98, or $579.80, which is more than the $400 filing fee for
this matter. Accordingly,
IT IS THEREFORE ORDERED that:
1.
denied.

Plaintiff’s Motion to Proceed in Forma Pauperis (Filing No. 2) is

2.

Plaintiff shall pay the $400.00 filing fee no later than January 2, 2018.

3.
Failure to comply with this order will result in dismissal of this matter
without further notice.
4.
The clerk’s office is directed to set a pro se case management deadline
using the following text: January 2, 2018: deadline for Plaintiff to pay $400.00
filing fee.
Dated this 1st day of December, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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