Diamantopoulos v. State of Nebraska

Filing 4

MEMORANDUM AND ORDER that the Plaintiff is directed to submit the $400.00 fee to the Clerk's Office or submit a request to proceed in forma pauperis within 30 days. The Clerk of the Court is directed to set a Pro Se Case Management Deadline for 5/18/2015: Check for MIFP or payment. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GEORGIOS DIAMANTOPOULOS,
Plaintiff,
v.
STATE OF NEBRASKA, (N.D.C.S.),
Defendant.

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8:15CV114

MEMORANDUM
AND ORDER

This matter is before the Court on its own motion.

Plaintiff Georgios

Diamantopoulos, also known as Cary Nelson Rehbein, filed a Complaint (Filing No. 1) on
April 13, 2015. However, Plaintiff failed to include the $400.00 filing and administrative
fees. Plaintiff has the choice of either submitting the $400.00 filing and administrative fees
to the Clerk’s Office or submitting a request to proceed in forma pauperis.1 Failure to take
either action within 30 days will result in the Court dismissing this case without further
notice to Plaintiff. Accordingly,
IT IS ORDERED:
1.

Plaintiff is directed to submit the $400.00 fees to the Clerk’s Office or submit

a request to proceed in forma pauperis within 30 days. Failure to take either action will
result in dismissal of this matter without further notice.

1

As set forth in the Prison Litigation Reform Act, a prisoner cannot bring a civil action in forma
pauperis if he has, on three or more prior occasions, while incarcerated, brought an action that was dismissed
on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted unless
he is under imminent danger of serious physical injury. The following three cases, brought by Plaintiff, were
dismissed because they failed to state a claim upon which relief may be granted or because they were
frivolous: Rehbein v. Nelson, et al., No. 4:95CV3157 (D. Neb.), dismissed on August 18, 1995;
Diamantopoulos v. Director of Corrections, et al., No. 4:05CV3097 (D. Neb.), dismissed on May 13, 2005;
Diamantopoulos v. State of Nebraska, et al., No. 8:07CV31 (D. Neb.), dismissed on October 14, 2008.
Accordingly, Plaintiff will not be allowed to proceed in forma pauperis in this matter unless he shows he is
under imminent danger of serious physical injury.

2.

The Clerk of the Court is directed to set a pro se case management deadline

in this matter with the following text: May 18, 2015: Check for MIFP or payment.

DATED this 15th day of April, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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