Castonguay v. Houston et al

Filing 6

MEMORANDUM AND ORDER denying 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Paul Castonguay shall pay the full filing fee of $350.00 by 7/12/2013 or show cause why this case should not be dismissed pursuant to 28 U.S.C. §1 915(g). In the absence of either action by Plaintiff, this matter will be dismissed without further notice. Pro Se Case Management Deadline set for 7/12/2013: Deadline for Plaintiff to show cause or pay full filing fee. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PAUL CASTONGUAY,
Plaintiff,
v.
ROBERT HOUSTON, BRAIN
GAGE, and DEPARTMENT OF
CORRECTIONAL SERVICES, et.
al.,
Defendants.

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4:13CV3105

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 July 12, 2013, 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 no later than July 12, 2013. In the absence of good cause shown or the payment
of the full filing fee, Plaintiff’s Complaint will be dismissed without further notice.

1

Castonguay v. Douglas Cnty. Attorney Office, No. 8:09CV392 (D. Neb.), dismissed on April
9, 2010. (Case No. 8:09CV392, Filing Nos. 11 and 12.) Castonguay v. Douglas Cnty. Corr. Center,
No. 8:09CV225 (D. Neb.), dismissed on November 3, 2009. (Case No. 8:09CV225, Filing Nos. 14
and 15.) Castonguay v. Nebraska, No. 8:09CV221 (D. Neb.), dismissed on November 3, 2009.
(Case No. 8:09CV221, Filing Nos. 15 and 16.)

IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Motion for Leave to Proceed IFP (filing no. 2) is denied.
Plaintiff has until July 12, 2013, 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: July 12, 2013: Deadline for Plaintiff
to show cause or pay full filing fee.
DATED this 12th day of June, 2013.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third
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directs the user to some other site does not affect the opinion of the court.
2