Castonguay v. Tecumseh State Prison et al

Filing 6

MEMORANDUM AND ORDER denying 2 the Plaintiff's Motion for Leave to Proceed in forma pauperis. Plaintiff Paul Castonguay shall pay an initial partial filing fee of $350.00 by 12/1/2010 or show cause why this case should not be dismissed. 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. Pro Se Case Management Deadline set for 12/1/2010: Deadline for Plaintiff to show cause or pay full filing fee. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party) (MKR)

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-PRSE Castonguay v. Tecumseh State Prison et al Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA PAUL CASTONGUAY, Plaintiff, v. TECUMSEH STATE PRISON, and MAILROOM STAFF, Defendants. ) ) ) ) ) ) ) ) ) ) 4:10CV3207 MEMORANDUM AND ORDER This matter is before the court on Plaintiff's Motion for Leave to Proceed In Forma Pauperis ("IFP"). (Filing No. 2.) Pursuant to the Prison Litigation Reform Act, a prisoner may not bring a civil action and proceed IFP if the prisoner has, on three or more occasions, while incarcerated, brought an action or appeal in federal court that was dismissed because it was frivolous, malicious, or failed to state a claim upon which relief may be granted. 28 U.S.C. 1915(g). Plaintiff brought three cases,1 while incarcerated, that were dismissed because they failed to state a claim upon which relief could be granted. Accordingly, Plaintiff has until December 1, 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 December 1, 2010. In the absence of good cause shown or the Castonguay v. Douglas County Attorney Office, No. 8:09CV392 (D. Neb.), dismissed on April 9, 2010. (Case No. 8:09CV392, Filing Nos. 11 and 12.) Castonguay v. Douglas County Correction Center, No. 8:09CV225 (D. Neb.), dismissed on November 3, 2009. (Case No. 8:09CV225, Filing Nos. 14 and 15.) Castonguay v. State of Nebraska, No. 8:09CV221 (D. Neb.), dismissed on November 3, 2009. (Case No. 8:09CV221, Filing Nos. 15 and 16.) 1 Dockets.Justia.com payment of the full filing fee, Plaintiff's Complaint will be dismissed without further notice. IT IS THEREFORE ORDERED that: 1. Plaintiff's Motion for Leave to Proceed IFP (filing no. 2) is denied. Plaintiff has until December 1, 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. 2. The Clerk of the court is directed to set a pro se case management deadline in this matter with the following text: December 1, 2010: Deadline for Plaintiff to show cause or pay full filing fee. DATED this 2nd day of November, 2010. BY THE COURT: s/ Joseph F. Bataillon Chief 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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