Stanko v. United States of America

Filing 6

MEMORANDUM AND ORDER - Plaintiff's motion for leave to proceed in forma pauperis 2 is denied. Plaintiff has until August 18, 2011, to either show cause why he is entitled to proceed IFP pursuant to 28 U.S.C. §1915(g) or pay the full  6;350.00 filing fee. 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: August 18, 2011: deadline for plaintiff to show cause or pay full filing fee. Ordered by Senior Judge Lyle E. Strom. (Copy mailed/e-mailed to pro se party) (KBJ)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RUDY STANKO, Individually
and on behalf of similarly
situated citizens,

)
)
)
)
Plaintiff,
)
)
v.
)
)
UNITED STATES OF AMERICA,
)
)
Defendant.
)
______________________________)

8:11CV245

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 (“PLRA”), a
prisoner cannot:
[B]ring a civil action or appeal a
judgment in 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 or appeals brought by
plaintiff were dismissed because they failed to state a claim
upon which relief may be granted or because they were frivolous:

•

Stanko v. Federal Bureau of Prisons, No. 09-CV-035-HRW
(E.D. Ky. April 21, 2009), dismissed for failure to
state a claim upon which relief may be granted on April
21, 2009.

•

Stanko v. Bataillon, No. 8:06CV607, 2007 WL 685663 (D.
Neb. Feb. 28, 2007), dismissed as frivolous and for
failure to state a claim upon which relief may be
granted, and affirmed on October 23, 2007.

•

Stanko v. United States, No. 8:10CV151 (D. Neb.),
dismissed as frivolous on November 18, 2010, and
affirmed on April 8, 2011. (Case No. 8:10CV151, Filing
Nos. 15, 16 and 25.)
Accordingly, plaintiff has until August 18, 2011, to

show cause why he is entitled to proceed IFP pursuant to 28
U.S.C. §1915(g).

Alternatively, plaintiff may pay the full

$350.00 filing fee no later than August 18, 2011.

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 ORDERED:
1.

Plaintiff’s motion for leave to proceed in forma

pauperis (Filing No. 2) is denied.

Plaintiff has until August

18, 2011, to either show cause why he is entitled to proceed IFP
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:

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August 18, 2011:

deadline for plaintiff to show cause or pay

full filing fee.
DATED this 22nd day of July, 2011.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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