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IN RE BILLY ROY TYLER, Plaintiff and Petitioner.

MEMORANDUM AND ORDER

RICHARD G. KOPF, Chief Judge, District

Pursuant to the court's previous memorandum and order that allowed Mr. Tyler to comment upon and object to this memorandum and order, understanding that nothing contained herein should be construed to authorize Mr. Tyler to violate the Prison Litigation Reform Act, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), or other federal laws, and intending that this memorandum and order shall be construed to further curb Mr. Tyler's ability to engage in litigation abuses,

IT IS ORDERED that:

1. The court's previous order in this matter is superseded by this order on the effective date set forth in paragraph 6.
2. The clerk of this court is hereby directed not to accept in excess of one pleading per month initiating a new lawsuit for Mr. Billy Roy Tyler, whether as a plaintiff, petitioner or otherwise, which is accompanied by an application to proceed in forma pauperis, unless (a) the pleading, petition or complaint alleges in clear, specific language that the plaintiff has been, or is about to be subjected to immediate, extraordinary, and irreparable physical harm; and (b) such allegations are supported by an accompanying affidavit which sets forth clearly and specifically the facts giving rise to the allegations and which attaches any documentation of such facts that may exist.
3. The clerk shall return to Billy Roy Tyler any and all petitions or complaints submitted in excess of one per month, unless the exception noted in paragraph 2 above applies.
4. Each petition or complaint submitted to this court for filing in forma pauperis, shall be accompanied by an affidavit in support of the applicant's leave to proceed in forma pauperis, which shall be supported by a copy of Mr. Tyler's trust account statements for the six months preceding the submission to this court, certified by the appropriate official at the institution where Mr. Tyler may be then confined.
5. Nothing in this order shall prohibit Mr. Tyler from proceeding as a proponent in any civil claim in this court with representation of an attorney admitted to practice in this court.

6. This order shall become effective June 2, 2003.

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IN RE TYLER, (D.Neb. 2003)
(Jun 2, 2003)