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Chapman v. Sosa-Gayton

United States District Court, D. Nebraska

July 1, 2015

BILLIE JOE CHAPMAN, Plaintiff,
v.
YVONNE D. SOSA-GAYTON, TIM BURNS, DOUGLAS COUNTY PUBLIC DEFENDERS OFFICE, and JUDGE CONIGLIA, Defendants.

ORDER AND JUDGMENT

LYLE E. STROM, Senior Judge United States District Court

Pursuant to the memorandum opinion entered herein this date, IT IS ORDERED:

1. Chapman’s claims against defendant Judge Coniglia are dismissed with prejudice.

2. Chapman’s claims against Yvonne Sosa-Gayton and Tim Burns are dismissed without prejudice to reassertion in a habeas corpus action or similar proceeding.

3. Plaintiff is hereby notified that the filing of a notice of appeal will make him liable for payment of the full $505.00 appellate filing fee regardless of the outcome of the appeal. This is because the Prison Litigation Reform Act requires an incarcerated civil appellant to pay the full amount of the $505.00 appellate filing fee by making monthly payments to the court, even if he or she is proceeding in forma pauperis. 28 U.S.C. § 1915(b). By filing a notice of appeal, plaintiff will be consenting to the deduction of the $505.00 filing fee from his prison account by prison officials.


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