Jones v. State of Nebraska

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOEL JONES,
Petitioner,
vs.
STATE OF NEBRASKA,
Respondent.
4:25CV3231
MEMORANDUM AND ORDER
This matter is before the Court on two identical motions, Filing Nos. 7 &
8, filed by Petitioner Joel Jones seeking to extend his deadline to file his
amended Petition by 30 days from December 19, 2025, to January 19, 2026, in
compliance with this Court’s November 19, 2025, Memorandum and Order
requiring Petitioner to amend his Petition, Filing No. 6. Petitioner submits
that additional time is needed due to limited access to legal resources as an
incarcerated person and the holiday season. Filing No. 7 at 1; Filing No. 8 at
1.
While the Court would normally be inclined to grant such an extension,
Petitioner has not paid the $5.00 filing fee or filed a motion to proceed in forma
pauperis as the Court also ordered in its November 19, 2025, Memorandum
and Order. Filing No. 6 at 1. Accordingly, the Court will require Petitioner to
show cause why this case should not be dismissed for his failure to pay the
filing fee or file a request to proceed in forma pauperis. Absent a sufficient
response, this case will be dismissed without prejudice and without further
notice.
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IT IS THEREFORE ORDERED that:
1. Petitioner will have 30 days to show cause why this case should
not be dismissed for failure to pay the $5.00 fee. In the absence of cause shown,
this case will be dismissed without prejudice and without further notice.
2. The Clerk of Court is directed to set a pro se case management
deadline in this case using the following text: February 4, 2026: check for
response to show cause order.
3. The Court shall refrain from addressing the motions seeking a 30-
day extension to file an amended petition at Filing Nos. 7 & 8 until after the
filing fee issue is resolved.
Dated this 5th day of January, 2026.
BY THE COURT:
John M. Gerrard
Senior United States District Judge
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