Bradley v. Perry et al

Filing 6

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed In Forma Pauperis (filing no. 2 ) is denied. Plaintiff has until January 3, 2011, to either show cause why this case should not be dismissed pursuant to 28 U.S.C. §1915(g) or p ay 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 Deadline set for 1/3/2011: Deadline for Plaintiff to show cause or pay full filing fee. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)

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- P R S E Bradley v. Perry et al Doc. 6 IN THE UNITED STATES DISTRICT COURT FO R THE DISTRICT OF NEBRASKA JU A N BRADLEY, ) ) Plaintiff, ) ) v. ) ) C O R PO R A L PERRY, FRED ) BRITTEN , Warden, and WARREN K. ) U RBO M , ) ) D e fe n d a n ts . ) 8 :1 0 C V 4 4 3 M EM O R A N D U M AND ORDER Th is 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 A ct, a prisoner cannot: [B]ring a civil action . . . or proceeding [in forma pauperis] if the prisoner h as, 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 four cases brought by Plaintiff were dismissed as frivolous: Bradley v. Urbom, No. 8:92CV54 (D. Neb.), dismissed as frivolous on March 10, 1992. Bradley v. The Senate, No. 8:92CV96 (D. Neb.), dismissed as frivolous on May 7, 1992. Bradley v. U.S. District Court, No. 8:92CV127 (D. Neb.), dismissed as frivolous on March 13, 1992. Dockets.Justia.com Bradley v. Urbom, No. 8:92CV188 (D. Neb.), dismissed as frivolous on April 13, 1992. A ccording ly, Plaintiff has until January 3, 2011, 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 January 3, 2011. In the absence of good cause shown or the payment of the full filing fee, Plaintiff's Complaint and this matter w ill be dismissed without further notice. IT IS THEREFORE ORDERED that: 1. Plaintiff's Motion for Leave to Proceed In Forma Pauperis (filing no. 2) is denied. Plaintiff has until January 3, 2011, 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: January 3, 2011: Deadline for Plaintiff to show cause or pay full filing fee. DATED this 1 st day of December, 2010. B Y THE COURT: R ichard G. Kopf U nited States District Judge *This opinion may contain hyperlinks to other documents or Web sites. The U.S. D istrict 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. Likew ise, 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. Th us, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the court. 2

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