Diamantopoulos v. State of Nebraska

Filing 9

MEMORANDUM AND ORDER that Plaintiff has 30 days to either show cause for why this case should not be dismissed pursuant to 28 U.S.C. § 1915(g) or pay the Court's $400.00 filing and administrative fees. The Clerk's Office is directed to set a pro se case management deadline in this matter with the following text: May 25, 2015: deadline for Plaintiff to show cause or pay fees. 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 Plaintiff Georgios Diamantopoulos’s1 (“Plaintiff”)
Motion for Leave to Proceed in Forma Pauperis (“IFP”). (Filing No. 5.) Plaintiff is
incarcerated at the Tecumseh State Prison in Tecumseh, Nebraska. Plaintiff is an
experienced pro se litigant with an extensive history of filings in this Court. 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, unless the prisoner is under imminent danger of
serious physical injury.
28 U.S.C. §1915(g).
This Court’s records reflect that Plaintiff has been barred from proceeding IFP by
28 U.S.C. § 1915(g). Plaintiff has, on at least three prior occasions while incarcerated,
brought cases that were dismissed on the grounds that they were frivolous or failed to state
a claim upon which relief may be granted. See, e.g., Rehbein v. Nelson, et al., Case No.

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Georgios Diamantopoulos, whose inmate number is 35084, is also known as Cary Rehbein and
Yourgos Diamantopoulos in this Court’s records.

4:95-cv-03157-RGK (D. Neb. filed May 2, 1995) (dismissed as frivolous on Aug. 18, 1995);
Diamantopoulos v. Director of Corrections, et al., Case No. 4:05-cv-03097-LES-PRSE (D.
Neb. filed Apr. 2, 2005) (dismissed for failure to state a claim on May 13, 2005); and
Diamantopoulos v. State of Nebraska et al., 8:07-cv-00031-JFB-PRSE (D. Neb. filed Jan.
22, 2007) (dismissed for failure to state a claim on Oct. 14, 2008).
In light of the foregoing, the Court will give Plaintiff 30 days in which to show cause
for why this case should not be dismissed pursuant to the provisions of 28 U.S.C. 1915(g).
In the alternative, Plaintiff may pay the full $400.00 filing and administrative fees. In the
absence of good cause shown, or the payment of the necessary fees, this action will be
dismissed. Accordingly,
IT IS ORDERED:
1.

Plaintiff has 30 days to either show cause for why this case should not be

dismissed pursuant to 28 U.S.C. § 1915(g) or pay the Court’s $400.00 filing and
administrative fees.
2.

The Clerk’s Office is directed to set a pro se case management deadline in

this matter with the following text: May 25, 2015: deadline for Plaintiff to show cause or pay
fees.

DATED this 22nd day of April, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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