Castonguay v. Newton et al

Filing 7

MEMORANDUM AND ORDER - Plaintiff has until September 7, 2010, to either show cause why he is entitled to proceed IFP 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 matt er will be dismissed without further notice; and The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: September 7, 2010: Deadline for Plaintiff to show cause or pay full filing fee. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(KBJ)

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SC R P 7 co .D IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA PAUL CASTONGUAY, SR., Plaintiff, v. JEFFREY NEWTON, Director, and MARK FOXHALL, Deputy Director of Douglas County Correctional Center, Defendants. ) ) ) ) ) ) ) ) ) ) ) 4:10CV3135 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, unless the prisoner is under imminent danger of serious physical injury. 28 U.S.C. 1915(g). The following three cases brought by Plaintiff were dismissed because they failed to state a claim upon which relief may be granted: Castonguay v. Douglas County Attorney Office, No. 8:09CV392 (D. Neb.), dismissed on April 9, 2010. (Case No. 8:09CV392, Filing No. 12.) Castonguay v. Douglas County Correction Center, No. 8:09CV225 (D. Neb.), dismissed on November 3, 2009. (Case No. 8:09CV225, Filing No. 15.) Castonguay v. State of Nebraska, No. 8:09CV221 (D. Neb.), dismissed on November 3, 2009. (Case No. 8:09CV221, Filing No. 16.) mc . a i t suJ . s t ekco o D Accordingly, Plaintiff has until September 7, 2010, to show cause why he is entitled to proceed In Forma Pauperis (IFP) pursuant to 28 U.S.C. 1915(g). Alternatively, Plaintiff may pay the full $350.00 filing fee no later than September 1, 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 has until September 7, 2010, to either show cause why he is entitled to proceed IFP 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; and The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: September 7, 2010: Deadline for Plaintiff to show cause or pay full filing fee. 2. DATED this 5th day of August, 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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