Demos v. The U.S. Congress et al

Filing 5

MEMORANDUM AND ORDER -Plaintiff has 30 days from the date of this Memorandum and Order to either show cause why he is entitled to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g) or pay the $400.00 filing and administrative fees. In the absence of either action by Plaintiff, this matter will be dismissed without further notice. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 7/18/2014:Deadline for Plaintiff to show cause or pay fees.) Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN ROBERT DEMOS,
Plaintiff,
v.
THE U.S. CONGRESS, and PATTY
MURRAY,
Defendants.

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8:14CV125

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Plaintiff John Robert Demos
(“Demos” or “Plaintiff”) filed a Complaint in this court on April 17, 2014, without
payment of the court’s filing and administrative fees. As set forth in the Prison
Litigation Reform Act (“PLRA”), a prisoner cannot:
[B]ring a civil action [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) (emphasis added).
Demos is a frequent filer, having filed over 134 civil rights lawsuits throughout
the United States. Demos, while incarcerated, has had three or more prior civil
actions dismissed as frivolous, malicious, or for failure to state a claim upon which
relief can be granted:
See Demos v. Census Bureau, No. 96–CV–1823 (D.D.C. Aug. 5, 1996)
(failure to state a claim and frivolous; plaintiff also failed to comply
with May 16, 1994 order of J. Harris requiring that he seek leave of

district court before filing any new civil action); Demos v. Internal
Revenue Bureau, No. 96–CV–1822 (D.D.C. Aug. 5, 1996) (same as
above); Demos v. Skurka, No. 96–CV–2267 (D.D.C. Sept. 30, 1996)
(dismissed because plaintiff already had three strikes and tried to
proceed in forma pauperis); Demos v. Upjohn Co., et al., No.
96–CV–743 (W.D.Mich. Oct. 8, 1996) (dismissed as frivolous); see also
Demos v. Storrie, 507 U.S. 290, 113 S.Ct. 1231, 122 L.Ed.2d 636 (1993)
(noting Mr. Demos’ continued course of abusive filings and directing
the clerks to reject all future petitions in civil cases unless Mr. Demos
paid the filing fee and complied with the Court’s printing requirements);
Demos v. United States Dist. Ct. for the E. Dist. of Wash., 925 F.2d
1160, 1167 (9th Cir. 1991) (“Demos is a prolific litigant ... [w]e hold
that he has abused the privilege of filing petitions in forma pauperis in
this court.”); Demos v. Kincheloe, 563 F.Supp. 30, 31 (E.D.Wash.1982)
(entering a prefiling order against Mr. Demos because “each and every
complaint [filed by Mr. Demos was] frivolous, malicious, repetitive, de
minimis, wholly insubstantial, or insufficient to invest the court with
subject matter jurisdiction”).
Demos v. Keating, 33 Fed.Appx. 918, 920 n.1 (10th Cir. 2002).
On the court’s own motion, Plaintiff has 30 days from the date of this
Memorandum and Order to show cause why he is entitled to proceed in forma
pauperis pursuant to 28 U.S.C. §1915(g). Alternatively, Plaintiff may pay the court’s
$400.00 filing and administrative fees within 30 days. In the absence of good cause
shown or the payment of the court’s fees, Plaintiff’s Complaint and this matter will
be dismissed without further notice.
IT IS THEREFORE ORDERED that:
1.
Plaintiff has 30 days from the date of this Memorandum and Order to
either show cause why he is entitled to proceed in forma pauperis pursuant to 28
U.S.C. § 1915(g) or pay the $400.00 filing and administrative fees. In the absence
of either action by Plaintiff, this matter will be dismissed without further notice.
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2.
The Clerk of the court is directed to set a pro se case management
deadline in this matter with the following text: July 18, 2014: Deadline for Plaintiff
to show cause or pay fees.
DATED this 18th day of June, 2014.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District 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. Likewise, 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. Thus, the fact that a hyperlink ceases
to work or directs the user to some other site does not affect the opinion of the court.

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