Harper v. NE Dept of Corr. Services et al

Filing 6

MEMORANDUM AND ORDER that the court's memorandum and order entered May 17, 2017 (Filing No. 4 ), is set aside and vacated. Plaintiff has until July 21, 2017, to either show cause why this case should not be dismissed pursuant to 28 U.S.C. &# 167;1915(g) or pay the full $400.00 filing fee. In the absence of either action by Plaintiff, this matter will be dismissed without further notice. The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: July 21, 2017: Deadline for Plaintiff to show cause or pay full filing fee. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CLYDE HARPER,
Plaintiff,
v.
NE DEPT OF CORR. SERVICES,
and NE BLUE CROSS BLUE
SHIELD,
Defendants.

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8:17CV167

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. In a Memorandum and Order
entered on May 17, 2017 (Filing No. 4), Plaintiff was ordered to show cause for why
this case should not be dismissed pursuant to 28 U.S.C. § 1915(g)1 or pay the court’s
$400.00 filing and administrative fees since Plaintiff, while a prisoner, has had more
than three cases dismissed on grounds that they were frivolous, malicious, or failed
to state a claim upon which relief may be granted. Upon further review, the court has
discovered that this order erroneously omitted a list of Plaintiff’s prior dismissed
cases, and instead included a list of cases brought by another pro se plaintiff. The
court will remedy its error in this Memorandum and Order.
The following five civil actions brought by Plaintiff, while a prisoner, were
dismissed as frivolous or as failing to state a claim upon which relief may be granted:

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A prisoner cannot “bring 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).

• Clyde E. Harper v. Douglas County Correctional Center, No. 8:02CV320 (D.
Neb.), dismissed for failure to state a claim upon which relief may be granted
on January 28, 2003.
• Clyde E. Harper v. Douglas County Correctional Center, No. 8:02CV285 (D.
Neb.), dismissed for failure to state a claim upon which relief may be granted
on July 1, 2003.
• Clyde E. Harper v. Douglas County, et al., No. 8:02CV287 (D. Neb.),
dismissed for failure to state a claim upon which relief may be granted on July
22, 2003.
• Clyde E. Harper v. Scott A. Calkins, No. 8:04CV536 (D. Neb.), dismissed
for failure to state a claim upon which relief may be granted on October 25,
2004.
• Clyde E. Harper v. Judge Coffey, No. 4:15CV3033 (D. Neb.), dismissed for
failure to state a claim upon which relief may be granted on July 20, 2015.
Further, Plaintiff’s Complaint in this case does not allege that he is in imminent
danger of serious physical injury. Accordingly, Plaintiff has until July 21, 2017, to
show cause why this matter should not be dismissed pursuant to 28 U.S.C. § 1915(g).
Alternatively, Plaintiff may pay the full $400.00 filing fee no later than July 21, 2017.
In the absence of good cause shown or the payment of the full filing fee, Plaintiff’s
Complaint and this matter will be dismissed without further notice.
IT IS ORDERED:
1.
The court’s memorandum and order entered May 17, 2017 (Filing No.
4), is set aside and vacated.
2.
Plaintiff has until July 21, 2017, to either show cause why this case
should not be dismissed pursuant to 28 U.S.C. §1915(g) or pay the full $400.00 filing

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fee. In the absence of either action by Plaintiff, this matter will be dismissed without
further notice.
3.
The clerk of the court is directed to set a pro se case management
deadline in this matter with the following text: July 21, 2017: Deadline for Plaintiff
to show cause or pay full filing fee.
DATED this 21st day of June, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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