McCray v. Samani et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
COLBY I. MCCRAY,
Plaintiff,
vs.
DAVID SAMANI, M.D.; JERRY LOVELACE,
Medical Director; TINA LENGER, Director of
Nursing; and CHELSEY TYBURSKI, Nurse
supervisor;
Defendants.
8:25CV615
MEMORANDUM AND ORDER
This matter is before the Court on its own motion. Plaintiff filed a Complaint,
Filing No. 1, on October 14, 2025. However, Plaintiff failed to include the $405.00 filing
and administrative fees. Plaintiff has the choice of either submitting the $405.00 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.
IT IS THEREFORE ORDERED that:
1. Plaintiff is directed to submit the $405.00 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”).
1 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 $55.00 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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2
3. The Clerk of the Court is directed to set a pro se case management
deadline in this matter with the following text: November 19, 2025: Check for MIFP or
payment.
Dated this 20th day of October, 2025.
BY THE COURT:
Joseph F. Bataillon
Senior United States District Judge
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