Ajamu v. Dougulas County, Nebraska et al

Filing 11

MEMORANDUM AND ORDER - Plaintiff's Motion, Filing No. 10 , is DENIED as it is unclear what relief he seeks. Due to the Court's delay in addressing the Motion, Plaintiff shall have an additional thirty (30) days to comply with the Sh ow Cause Order. Therefore, Plaintiff shall have until February 21, 2023, to either pay the initial partial filing fee as set forth in the Court's Order granting his Motion to proceed in forma pauperis, Filing No. 8 , or to show cause as to why he has not complied as set forth in the Show Cause Order, Filing No. 9 . The clerk's office is directed to set the following pro se case management deadline: February 21, 2023: check for response to Show Cause Order. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (KMM)

8:22-cv-00347-JFB-PRSE Doc # 11 Filed: 01/19/23 Page 1 of 3 - Page ID # 176

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

OJORE MULUMBA AJAMU,

Plaintiff,

8:22CV347

vs.
MEMORANDUM AND ORDER
DOUGULAS COUNTY, NEBRASKA, CITY
OF OMAHA, NEBRASKA, The; STATE OF
NEBRASKA, The; DOUGULAS COUNTY
DISTRICT COURT, The; DOUGULAS
COUNTY CORRECTIONAL CENTER, The;
NEBRASKA MEDICINE HOSPITAL, in
Omaha; and OMAHA POLICE
DEPARTMENT;

Defendants.

This matter is before the Court on Plaintiff’s untitled document filed on January 5,
2023, docketed as a “Motion for Extension” (the “Motion”), Filing No. 10, apparently filed
in response to the Court’s January 3, 2023, order requiring that Plaintiff show cause no
later than February 2, 2023, as to why the case should not be dismissed for failure to pay
the initial partial filing fee (the “Show Cause Order”), Filing No. 9.
It is unclear from the Motion if Plaintiff intended to comply with the Show Cause
Order, or if Plaintiff seeks an extension to comply with it. Specifically, in his Motion
Plaintiff states he is aware of the deadline to pay the initial partial filing fee and that he

8:22-cv-00347-JFB-PRSE Doc # 11 Filed: 01/19/23 Page 2 of 3 - Page ID # 177

“should request an extension if one is needed,” but states no reason for the need for
additional time or how much additional time he requires. See Filing No. 10.
Ultimately, to the extent that Plaintiff sought to comply with the Show Cause Order
by filing the Motion, he failed to do so. The Show Cause Order was issued after Plaintiff
failed to comply with the Court’s Order granting Plaintiff’s motion seeking leave to proceed
in forma pauperis, ordering him to pay the initial partial filing fee in the amount of $2.66
within 30 days on November 1, 2022. See Filing No. 9. The Show Cause Order required
Plaintiff to either pay the initial partial filing fee or to provide a sufficient excuse as to why
the fee had not been paid by February 2, 2023, or his case would be dismissed. Id. at 2.
His Motion does neither. However, the Court notes that pursuant to the Show Cause
Order he still has through February 2, 2023, in which to comply.
Upon consideration,
IT IS ORDERED that:
1. Plaintiff’s Motion, Filing No. 10, is DENIED as it is unclear what relief he seeks.
Due to the Court’s delay in addressing the Motion, Plaintiff shall have an additional thirty
(30) days to comply with the Show Cause Order. Therefore, Plaintiff shall have until
February 21, 2023, to either pay the initial partial filing fee as set forth in the Court’s Order
granting his Motion to proceed in forma pauperis, Filing No. 8, or to show cause as to why
he has not complied as set forth in the Show Cause Order, Filing No. 9.
2. The clerk’s office is directed to set the following pro se case management
deadline: February 21, 2023: check for response to Show Cause Order.

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8:22-cv-00347-JFB-PRSE Doc # 11 Filed: 01/19/23 Page 3 of 3 - Page ID # 178

Dated this 19th day of January, 2023.

BY THE COURT:

Joseph F. Bataillon
Senior United States District Judge

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