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Chapman v. Poland

United States District Court, Eighth Circuit

December 26, 2013

BILLIE JOE CHAPMAN, Plaintiff,
v.
ELLEN POLAND, MARK LUND, STEVE JENKINS, JIM PAYNE, HAROLD MURREN, JOHN/JANE DOE, Mail Room Manager, and JOHN/JANE DOE, Records Manager, Defendants.

MEMORANDUM AND ORDER

JOHN M. GERRARD, District Judge.

This matter is before the court on its own motion. The above-captioned matter was provisionally filed on December 9, 2013. (Filing No. 3.) However, due to certain technical defects, the Complaint cannot be further processed until such defects are corrected. To assure further consideration of the Complaint, Plaintiff must correct the defect listed below. FAILURE TO CORRECT THE DEFECT MAY RESULT IN DISMISSAL OF THE COMPLAINT.

Plaintiff has failed to include the $400.00 filing and administrative fees. Plaintiff has the choice of either tendering the $400.00 fees to the Clerk of the court or submitting a request to proceed in forma pauperis and an affidavit of poverty in support thereof. If Plaintiff chooses to do the latter, the enclosed pauper's forms should be completed and returned to this court.

IT IS THEREFORE ORDERED that:

1. Plaintiff is directed to correct the above-listed technical defect in the Complaint on or before January 23, 2014.

2. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice.

3. The Clerk of the court is directed to send to Plaintiff the Form AO240, Application to Proceed Without Prepayment of Fees and Affidavit.

4. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: January 23, 2014: deadline for payment or filing of IFP application.


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