Chapman v. Retelsdorf et al

Filing 8

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: December 18, 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
BILLIE JOE CHAPMAN,
Plaintiff,

8:17CV425

vs.
JUDGE LEIGH ANN RETELSDORF,
of Douglas County District Court and
other state/city employees of Nebraska;
BRENDA LEUCK, Atty.; SEAN
LYNCH, Atty.; and RYAN
TEMPLETON, Omaha Police Ofc.;

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 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: December 18, 2017: deadline for Plaintiff to
show cause or pay fees.
Dated this 16th day of November, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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