BILLY TYLER, Plaintiff, v. STEPHEN J. CERVENY, Defendant.

No. 8:04cv94.United States District Court, D. Nebraska.
May 3, 2006

MEMORANDUM AND ORDER
RICHARD KOPF, District Judge

In my Memorandum and Order of April 24, 2006 (filing no. 107), I directed the plaintiff, Billy Tyler, to show cause why the above-entitled case should not be dismissed based on the principles expressed in Heck v. Humphrey, 512 U.S. 477 (1994). I warned the plaintiff that, in the absence of a timely and sufficient showing of cause, this case could be subject, without further notice, to dismissal without prejudice. The plaintiff’s Response (filing no. 108), which includes a cryptic reference to the Three Stooges and the Eighth Circuit Court of Appeals, is not sufficient. Therefore, this case is dismissed without prejudice. Judgment will be entered accordingly.

SO ORDERED.

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