McNeil v. United States of America

Filing 14

MEMORANDUM AND ORDER-This matter is before the court on Plaintiffs Motion for Leave to Proceed In Forma Pauperis (Filing No. 2 ). IT IS THEREFORE ORDERED that: Plaintiff has until February 21, 2009, to either show cause why this case should not be d ismissed 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. ***Pro Se Case Management Deadlines: February 21, 2009: Deadline for Plaintiff to show cause or pay full filing fee. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(LKH)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JAMAAL A. MCNEIL, Plaintiff, v. THE UNITED STATES OF AMERICA, et al., Defendant. ) ) ) ) ) ) ) ) ) ) 8:08CV533 MEMORANDUM AND ORDER This matter is before the court on Plaintiff's Motion for Leave to Proceed In Forma Pauperis ("IFP"). (Filing No. 2.) 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. 28 U.S.C. 1915(g). The following three cases brought by Plaintiff were dismissed because they failed to state a claim upon which relief may be granted: McNeil v. Public Defender Office, No. 4:06CV3204 (D. Neb.), dismissed on September 5, 2006. (Case No. 4:06CV3204, Filing Nos. 5 and 6.) McNeil v. City of Omaha, et al., No. 8:07CV145 (D. Neb.), dismissed on May 16, 2007. (Case No. 8:07CV145, Filing Nos. 12 and 13.) McNeil v. City of Omaha, et al., No. 8:07CV143 (D. Neb.), dismissed on August 26, 2008. (Case No. 8:07CV143, Filing Nos. 53 and 54.) Accordingly, Plaintiff has until February 21, 2009, 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 February 21, 2009. In the absence of good cause shown or the payment of the full filing fee, Plaintiff's Complaint and this matter will be dismissed without further notice. IT IS THEREFORE ORDERED that: 1. Plaintiff has until February 21, 2009, 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: February 21, 2009: Deadline for Plaintiff to show cause or pay full filing fee. January 22, 2009. BY THE COURT: s/Richard G. Kopf United States District Judge 2

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