Murillo v. Steiner

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JANETH MURILLO,
Plaintiff,
vs.
DAVID 	STEINER, 	Postmaster
General;
Defendant.
8:25CV662
MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion for Leave to Proceed
in Forma Pauperis (“IFP”). Filing No. 2. Plaintiff used a Department of
Homeland Security U.S. Citizenship and Immigration Services Request for Fee
Waiver Form for her Motion, which is not the correct form for use in this Court
and does not comply with the terms of 28 U.S.C. § 1915, the statute authorizing
proceedings in forma pauperis. See 28 U.S.C. § 1915(a)(1) (requiring the
plaintiff to submit “an affidavit that includes a statement of all assets such
prisoner possesses that the person is unable to pay such fees or give security
therefor”). 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 that complies with 28 U.S.C. § 1915. 	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’s Motion for Leave to Proceed IFP, Filing No. 2, is denied
without prejudice to reassertion in a motion to proceed in forma pauperis that
complies with 28 U.S.C. § 1915.
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2. 	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.
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: February 2, 2026: Check for
MIFP or payment.
Dated this 2nd day of January, 2026.
BY THE COURT:
John M. Gerrard
Senior United States District Judge
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