Baker v. Retelsdorf et al

Filing 11

MEMORANDUM AND ORDER - Plaintiff has 30 days from the date of this Memorandum and Order to show cause why the three cases referenced above should not be considered strikes against him per the terms of the PLRA, and why he is entitled to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g). In the alternative, Plaintiff may pay the $400.00 filing and administrative fees within 30 days. 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 1, 2014: Deadline for Plaintiff to show cause or pay fees. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
REGINALD G. BAKER,
Plaintiff,
v.
LEIGH ANN RETELSDORF, TOM
RILEY, BRENDA LEUCK, and
RYAN LINDBERG,
Defendants.

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4:14CV3103

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Plaintiff filed a Complaint
in this court on May 19, 2014, without payment of the court’s filing and
administrative fees. As set forth in the Prison Litigation Reform Act (“PLRA”), a
prisoner cannot:
[B]ring a civil action [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 court has identified the following cases that may have been brought by
Plaintiff that were dismissed because they were frivolous or malicious: Baker v. Polk
County, et al., 4:94CV70913-HDV (S.D. Iowa), dismissed as frivolous on February
6, 1995; Baker v. State of Iowa, et al., 4:95CV80148-CRW (S.D. Iowa), dismissed as
frivolous on March 7, 1995; Baker v. Dodge County, et al., 8:96CV181-TMS (D.
Neb.), dismissed as frivolous or malicious on July 3, 1996.

On the court’s own motion, Plaintiff is ordered to show cause within 30 days
of this court’s Memorandum and Order why these cases should not be considered
strikes against him per the terms of the PLRA, and why he is entitled to proceed in
forma pauperis pursuant to 28 U.S.C. §1915(g). Alternatively, Plaintiff may pay the
court’s $400.00 filing and administrative fees within 30 days. In the absence of either,
Plaintiff’s Complaint and this matter will be dismissed without further notice.
IT IS THEREFORE ORDERED that:
1.
Plaintiff has 30 days from the date of this Memorandum and Order to
show cause why the three cases referenced above should not be considered strikes
against him per the terms of the PLRA, and why he is entitled to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915(g). In the alternative, Plaintiff may pay the
$400.00 filing and administrative fees within 30 days. 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 1, 2014: Deadline for Plaintiff to
show cause or pay fees.
DATED this 10th day of June, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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