Scott v. Unknown

Filing 6

MEMORANDUM AND ORDER denying the Plaintiff's 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Michael Scott shall pay an initial partial filing fee of $350.00 by 10/31/2013. Pro Se Case Management Deadline set for 10/31/2013: Deadline for Plaintiff to show cause or pay full filing fee. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL SCOTT,
Plaintiff,
v.
UNKNOWN,
Defendant.

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8:13CV288

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).
Plaintiff is a three-strikes litigant who filed at least three prior actions that were
dismissed as frivolous, malicious, or for failure to state a claim upon which relief may
be granted. See Scott v. Stephens, et al., No. 2:06cv108 (S.D. Tex. Mar. 17, 2006)
(order granting plaintiff’s motion to proceed in forma pauperis, subject to sanctions);
see also Scott v. Bush, et al., No. 6:97cv005 (E.D. Tex. May 12, 1997); Scott v.
Layton, et al., No. 6:97cv332 (E.D. Tex. Mar. 5 1998); Scott v. Hunter, et al., No.
1:99cv003 (N.D. Tex. Jan. 11, 2000); Scott v. Groomer, et al., No. 2:02cv126 (N.D.
Tex. 2002); Scott v. Groomer, No. 03-10433 (5th Cir. Oct. 22, 2003).

Accordingly, Plaintiff has until October 31, 2013, 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 October 31, 2013. 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’s Motion for Leave to Proceed In Forma Pauperis (filing no. 2)
is denied. Plaintiff has until October 31, 2013, 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: October 31, 2013: Deadline for
Plaintiff to show cause or pay full filing fee.
DATED this 8th day of October, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge

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