Baker v. Retelsdorf et al

Filing 16

MEMORANDUM AND ORDER - Plaintiff is ordered to show cause within 30 days of this court's Memorandum and Order why Baker v. Dodge County, et al., 8:96CV181-TMS (D. Neb.), dismissed as frivolous or malicious on July 3, 1996, should not be consi dered a strike against him per the terms of the PLRA. The clerk's office is directed to send Plaintiff a copy of the docket sheet in Baker v. Dodge County, et al., 8:96CV181-TMS (D. Neb.). The clerk's office is directed to set a pro se case management deadline in this matter with the following text: August 3, 2014: Deadline for Plaintiff to show cause. (Copy mailed to pro se party with docket sheet as directed)(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.

)
)
)
)
)
)
)
)
)
)
)

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 June 11, 2014, the court ordered Plaintiff to show cause 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). Plaintiff
responded, in relevant part:
Regarding Baker v. Dodge County, et al., 8:96CV181-TMS
dismissed as frivolous or malicious on July 3, 1996. At the time I was
incarcerated at in Oakdale, Iowa. I don’t recall any legal action taken by
me in 1996. I do not recall any defendants or specifics or defendants in
that case. There are several Bakers in the Dodge County, one being my
brother.
(Filing No. 15 at CM/ECF p. 1.)
On the court’s own motion, Plaintiff is ordered to show cause within 30 days
of this court’s Memorandum and Order why Baker v. Dodge County, et al.,
8:96CV181-TMS (D. Neb.), dismissed as frivolous or malicious on July 3, 1996,
should not be considered a strike against him per the terms of the PLRA. This court’s
records reflect that the case was filed by Reginald G. Baker, inmate number 10691792A, on March 18, 1996. This court’s records also reflect that Reginald G. Baker was
incarcerated at the Mt. Pleasant Correctional Facility in Mt. Pleasant, Iowa, at the time
the Complaint was filed. The court will direct the clerk’s office to send Plaintiff a
copy of the docket sheet in Baker v. Dodge County, et al., 8:96CV181-TMS (D. Neb.).
IT IS THEREFORE ORDERED that:
1.
Plaintiff is ordered to show cause within 30 days of this court’s
Memorandum and Order why Baker v. Dodge County, et al., 8:96CV181-TMS (D.
Neb.), dismissed as frivolous or malicious on July 3, 1996, should not be considered
a strike against him per the terms of the PLRA.

2

2.
The clerk’s office is directed to send Plaintiff a copy of the docket sheet
in Baker v. Dodge County, et al., 8:96CV181-TMS (D. Neb.).
3.
The clerk’s office is directed to set a pro se case management deadline
in this matter with the following text: August 3, 2014: Deadline for Plaintiff to show
cause.
DATED this 2nd day of July, 2014.
BY THE COURT:
Richard G. Kopf
Senior 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.

3