Mumin v. Bryan et al

Filing 6

MEMORANDUM AND ORDER - 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: April 27, 2017: deadline for Plaintiff to show cause or pay fees. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DUKHAN MUMIN,
Plaintiff,

8:17CV98

vs.
DANIEL E. BRYAN, JR., and
JOHNSON COUNTY, NEBRASKA,

MEMORANDUM
AND ORDER

Defendants.
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,
unless the prisoner is under imminent danger of serious physical
injury.
28 U.S.C. §1915(g).
The following three cases brought by Plaintiff, while a prisoner, were
dismissed as frivolous or for failure to state a claim:
•

Mumin v. Bartee, Case No. 8:95CV291 (D. Neb.) (dismissed as
frivolous);

•

Mumin and Watkins v. Dunning, Case No. 8:98CV359 (D. Neb.)
(dismissed for failure to state a claim); and

•

Mumin v. Mayo, Case No. 8:12CV313 (D. Neb.) (defendants’ motions
to dismiss for failure to state a claim granted).

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.
IT IS THEREFORE ORDERED that:
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: April 27, 2017: deadline for Plaintiff to
show cause or pay fees.
Dated this 28th day of March, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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