Chapman v. Douglas County Courts/County and District of Nebraska

Filing 5

MEMORANDUM AND ORDER that the 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: June 26, 2017: deadline for Plaintiff to show cause or pay fees. 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
BILLIE JOE CHAPMAN,
Plaintiff,
v.
DOUGLAS COUNTY
COURTS/COUNTY AND
DISTRICT OF NEBRASKA,
Defendant.

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8:17CV176

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion for Leave to Proceed In
Forma Pauperis (“IFP”) (Filing No. 2).
As stated in the Prison Litigation Reform Act (“PLRA”), a prisoner cannot
“bring a civil action . . . or proceeding [IFP] 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 has previously determined that three or more federal court cases
brought by Plaintiff, while a prisoner, were dismissed as frivolous or for failure to
state a claim. See Chapman v. Chief Executive Officer, Case No. 8:15CV259 (D.Neb.)
(Filing No. 9, August 19, 2015 Memorandum and Order dismissing action pursuant
to PLRA’s “three strikes” provision).
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:
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: June 26, 2017: deadline for Plaintiff to show
cause or pay fees.
DATED this 26th day of May, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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