Harden v. The State of Nebraska et al

Filing 8

MEMORANDUM AND ORDER - Plaintiff has 30 days to either show cause for why this case should not be dismissed pursuant to 28 U.S.C. § 1915(g) or pay the court's $400.00 filing and administrative fees. Plaintiff's Motion for Appointm ent of Counsel (Filing No. 7 ) is denied without prejudice to reassertion. The clerk's office is directed to set a pro se case management deadline in this matter with the following text: September 18, 2017: check for Plaintiff's response or filing fee. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT HARDEN,
Plaintiff,

4:17CV3095

vs.
THE STATE OF NEBRASKA, THE
NEBRASKA ATTORNEY
GENERAL'S OFFICE, MATT KUHSE,
Douglas County Prosecutor, in his
Official Capacity; AIMEE MELTON,
Douglas County Prosecutor, in her
Official Capacity; LEANNE MARIE
SRB, Douglas County Public Defender;
THE GOVERNORS OFFICE, THE
ATTORNEY GENERAL, in His and
Her Official Capacity; LAURIE SMITH
CAMP, Judge; GERALD MORAN,
Judge; THE NEBRASKA FEDERAL
BUREAU OF INVESTIGATIONS
DIVISION, ROBERT CLAYTON
HICKS, Agent; MICHAEL SACKETT,
Agent; and THE OMAHA POLICE
DEPARTMENT,

MEMORANDUM
AND ORDER

Defendants.
This matter is before the court on Plaintiff’s Motion for Leave to Proceed in
Forma Pauperis (“IFP”) (Filing No. 5) and Motion for Appointment of Counsel
(Filing No. 7). 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 for failure to
state a claim:
‧ Harden v. State of Iowa , No. 4:07CV3154 (D. Neb.), dismissed on
June 19, 2007. (Case No. 4:07CV3154, Filing Nos. 5 and 6 .)
‧ Harden v. Emmettsburg, Iowa, et al., No. 8:06CV770 (D. Neb.),
dismissed on February 5, 2007. (Case No. 8:06CV770, Filing Nos. 5
and 6 .)
‧ Harden v. Harden, et al., No. 8:07CV68 (D. Neb.), dismissed on
February 28, 2007. (Case No. 8:07CV68, Filing Nos. 9 and 10 .)
In light of the foregoing, the court will give Plaintiff 30 days in which to
show cause for why this case should not be dismissed pursuant to the provisions of
28 U.S.C. 1915(g). In the alternative, Plaintiff may pay the full $400.00 filing and
administrative fees. In the absence of good cause shown, or the payment of the
necessary fees, this action will be dismissed. Plaintiff is not unfamiliar with this
process, as the court dismissed a prior action of Plaintiff’s for failure to show that
he was entitled to proceed IFP or pay the full filing fee. See Harden v. Yah, et al.,
Case No. 4:08CV3259 (D. Neb. February 24, 2009).
IT IS THEREFORE ORDERED that:
1.
Plaintiff has 30 days to either show cause for why this case should not
be dismissed pursuant to 28 U.S.C. § 1915(g) or pay the court’s $400.00 filing and
administrative fees.

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2.
Plaintiff’s Motion for Appointment of Counsel (Filing No. 7) is
denied without prejudice to reassertion.
3.
The clerk’s office is directed to set a pro se case management deadline
in this matter with the following text: September 18, 2017: check for Plaintiff’s
response or filing fee.
Dated this 16th day of August, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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