Costello v. Nebraska Department of Corrections et al

Filing 8

MEMORANDUM AND ORDER: This matter is dismissed without prejudice because Plaintiff failed to prosecute it diligently and failed to comply with this Court's orders. Plaintiff's pending IFP Motion, Filing No. 2, is denied as moot. The Court will enter judgment by a separate document. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NICHOLAS COSTELLO,
Plaintiff,

8:24CV100

vs.
MEMORANDUM AND ORDER
NEBRASKA
DEPARTMENT
OF
CORRECTIONS, ERICA ADEYEMI, Official
capacity; ROB JEFFREYS, Official capacity;
and JOSEPH NESAIEF, Official capacity;
Defendants.
On July 15, 2024, the Court ordered Plaintiff to file a signed Motion for Leave to
Proceed in Forma Pauperis (“IFP”) within 30 days or face dismissal of this action. Filing
No. 7. To date, Plaintiff has not submitted a signed IFP Motion or taken any other action
in this matter.
IT IS THEREFORE ORDERED that: This matter is dismissed without prejudice
because Plaintiff failed to prosecute it diligently and failed to comply with this Court’s
orders. Plaintiff’s pending IFP Motion, Filing No. 2, is denied as moot. The Court will
enter judgment by a separate document.

Dated this 30th day of August, 2024.
BY THE COURT:

Joseph F. Bataillon
Senior United States District Judge