Mumin v. Kelly 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 courts $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) (KLF)

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

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Plaintiff,
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v.
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JOE KELLY, LANCASTER
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COUNTY, NE, LINCOLN POLICE
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DIVISION, LANCASTER COUNTY )
SHERIFF, JEFFRE CHEUVRONT,
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and AMIE LARSON,
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Defendants.
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)

8:17CV99

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion for Leave to Proceed In
Forma Pauperis (“IFP”). (Filing 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 29th day of March, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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