Covarrubias v. The United States Distric Court for the Distric of Nebraska

Filing 15

MEMORANDUM AND ORDER - The court's Memorandum and Order (filing no. 13 ) and Judgment (filing no. 14 ) dated September 20, 2018, are vacated in light of Plaintiff's payment of the initial partial filing fee. The clerk of the court is d irected to reinstate this case on the court's pro se docket. Plaintiff is advised that the next step in his case is for the court to conduct an initial review of Plaintiffs claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MODESTO A. COVARRUBIAS,
Plaintiff,

8:18CV283

vs.
THE UNITED STATES DISTRIC
COURT FOR THE DISTRIC OF
NEBRASKA,

MEMORANDUM
AND ORDER

Defendant.
This matter is before the court on its own motion. On September 20, 2018,
the court entered a Memorandum and Order and Judgment dismissing this action
without prejudice due to Plaintiff’s failure to pay the court’s filing fee and for
failure to comply with the court’s order to show cause for his failure to pay the
filing fee. (Filing No. 13; Filing No. 14.) Subsequently, on September 24, 2018,
the court received Plaintiff’s partial filing fee payment of $1.69. (See Docket
Sheet.) Because the payment was received so close in time to the court’s entry of
judgment, the court will vacate the previous order and judgment dismissing this
matter and order the clerk’s office to reinstate this case. Accordingly,
IT IS ORDERED that:
1.
The court’s Memorandum and Order (filing no. 13) and Judgment
(filing no. 14) dated September 20, 2018, are vacated in light of Plaintiff’s
payment of the initial partial filing fee.
2.
The clerk of the court is directed to reinstate this case on the court’s
pro se docket.

3.
Plaintiff is advised that the next step in his case is for the court to
conduct an initial review of Plaintiff’s claims to determine whether summary
dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this
initial review in its normal course of business.
Dated this 27th day of September, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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