Cox v. Board of Parole et al

Filing 5

MEMORANDUM AND ORDER - Plaintiff is directed to submit the $402.00 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 the Court is directed to send to Plaintiff the Form AO240 ("Application to Proceed Without Prepayment of Fees and Affidavit"). The Clerk of the Court is directed to set a pro se case management deadline in this matter with the following text: June 20, 2023: Check for MIFP or payment.Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(NMW)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TRAVIS COX,
Plaintiff,

8:23CV202

vs.
MEMORANDUM AND ORDER
BOARD OF PAROLE,
OFFICE OF
PAROLE SUPERVISION,
OFFICE OF
PAROLE ADMINISTRATION, NEBRASKA
DEPARTMENT
OF
CORRECTIONAL
SERVICES (NDCS), DANIELLE SANDERS,
HEATHER
TODD-ROBERSON,
TOM
VERPLANK, ROSALYN COTTON, LAYNE
GISSLER, BOB TWISS, HABIB OLOMI,
MARK LANGAN,
DOUGLAS COUNTY
DEPARTMENT OF CORRECTIONS, and
MIKE MYERS,
Defendants.

This matter is before the Court on its own motion. Plaintiff filed a Complaint,
Filing No. 1, on May 18, 2023. However, Plaintiff failed to include the $402.00 filing and
administrative fees. Plaintiff has the choice of either submitting the $402.00 filing and
administrative fees to the Clerk’s office or submitting a request to proceed in forma
pauperis (“IFP”).1 Failure to take either action within 30 days will result in the Court
dismissing this case without further notice to Plaintiff.

If Plaintiff is granted leave to proceed IFP in this matter, he will be allowed to pay the Court’s $350 filing
fee in installments. See 28 U.S.C. § 1915(b)(1); In re Tyler, 110 F.3d 528, 529–30 (8th Cir. 1997). He
would not be subject to the $52.00 administrative fee assessed to non-IFP plaintiffs. Prisoner plaintiffs
are required to pay the full amount of the Court’s $350.00 filing fee by making monthly payments to the
Court, even if the prisoner is proceeding IFP. 28 U.S.C. § 1915(b).
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IT IS THEREFORE ORDERED that:
1.

Plaintiff is directed to submit the $402.00 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 the Court is directed to send to Plaintiff the Form AO240

(“Application to Proceed Without Prepayment of Fees and Affidavit”).
3.

The Clerk of the Court is directed to set a pro se case management

deadline in this matter with the following text: June 20, 2023: Check for MIFP or
payment.

Dated this 19th day of May, 2023.
BY THE COURT:

Joseph F. Bataillon
Senior United States District Judge

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