Bradley v. Urbom et al

Filing 7

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed In Forma Pauperis 2 is denied. Plaintiff has until July 9, 2010, to either show cause why this case should not be dismissed pursuant to 28 U.S.C. §1915(g) or pay the full � 36;350.00 filing fee. In the absence of either action by Plaintiff, this matter will be dismissed without further notice. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: July 9, 20 10: Deadline for Plaintiff to show cause or pay full filing fee; and All other pending motions are denied without prejudice to reassertion. Pro Se Case Management Deadline set for 7/9/2010. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(KBJ)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JUAN BRADLEY, Plaintiff, v. WARREN K. URBOM, et al., Defendants. ) ) ) ) ) ) ) ) ) CASE NO. 4:10CV3095 MEMORANDUM AND ORDER This matter is before the court on Plaintiff's Motion for Leave to Proceed In Forma Pauperis ("IFP"). (Filing No. 2.) As set forth in the Prison Litigation Reform Act, a prisoner cannot: [B]ring a civil action . . . or proceeding [in forma pauperis] if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action . . . in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted. 28 U.S.C. 1915(g). The following four cases brought by Plaintiff were dismissed because they failed to state a claim upon which relief may be granted: Bradley v. Urbom, No.8:92CV54 (D. Neb.), dismissed as frivolous on March 10, 1992. Bradley v. The Senate, No. 8:92CV96 (D. Neb.), dismissed as frivolous on May 7, 1992. Bradley v. U.S. District Court, No. 8:92CV127 (D. Neb.), dismissed as frivolous on March 13, 1992. Bradley v. Urbom, No. 8:92CV188 (D. Neb.), dismissed as frivolous on April 13, 1992. Accordingly, Plaintiff has until July 9, 2010, to show cause why this matter should not be dismissed pursuant to 28 U.S.C. 1915(g). Alternatively, Plaintiff may pay the full $350.00 filing fee no later than July 9, 2010. In the absence of good cause shown or the payment of the full filing fee, Plaintiff's Complaint and this matter will be dismissed without further notice. IT IS THEREFORE ORDERED that: 1. Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Filing No. 2) is denied. Plaintiff has until July 9, 2010, to either show cause why this case should not be dismissed pursuant to 28 U.S.C. 1915(g) or pay the full $350.00 filing fee. In the absence of either action by Plaintiff, this matter will be dismissed without further notice; The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: July 9, 2010: Deadline for Plaintiff to show cause or pay full filing fee; and All other pending motions are denied without prejudice to reassertion. 2. 3. DATED this 9th day of June, 2010. BY THE COURT: s/Laurie Smith Camp United States District Judge *This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the court. 2

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