Goodyear v. Schwarten et al

Filing 10

MEMORANDUM AND ORDER regarding Memorandum and Order 9 .1. The court's memorandum and order entered on January 23, 2018 (Filing No. 9 ), is set aside and vacated. 2. Plaintiff's motion for leave to proceed in forma pauperis (Filin g No. 5 )is denied. 3. Plaintiff has until March 12, 2018, 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 and administrative fees. In the absence of either acti on by Plaintiff, this matter will be dismissed without further notice. 4. The clerk of the court is directed to set a pro se case management deadline in this matter with the following text: March 12, 2018: Deadline for Plaintiff to show cause or pay fees. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GREGORY SCOTT GOODYEAR,
Plaintiff,
v.
THOMAS SCHWARTEN, Lt.
Colonel (Nebraska State Troopers),
and PETE RICKETTS, Governor,
Defendants.

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8:17CV466

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. In a memorandum and order
entered on January 23, 2018 (Filing No. 9), Plaintiff was granted leave to proceed in
forma pauperis. Upon further review, the court finds such memorandum and order was
entered in error.
As stated in the Prison Litigation Reform Act, 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).
The court takes judicial notice that the United States District Court for the
Middle District of Florida found on several occasions in 2007 that Plaintiff has three
or more qualifying dismissals. See Goodyear v. State of Florida, No. 207-CV-728FTM-34SPC, 2007 WL 4287549 (M.D. Fla. Dec. 4, 2007); Goodyear v. Morreal, No.
2:07CV-308FTM-34DNF, 2007 WL 1655476 (M.D. Fla. June 5, 2007); Goodyear v.
Sizemore, No. 2:07-CV-309FTM34SPC, 2007 WL 1428919 (M.D. Fla. May 14,
2007); Goodyear v. Lee Couny Jail, No. 207CV-277-FTM-34SPC, 2007 WL 1390719
(M.D. Fla. May 9, 2007). Plaintiff does not allege he is in imminent danger of serious
physical injury.
Accordingly, Plaintiff has until March 12, 2018, 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 and administrative fees no later than March 12, 2018. In
the absence of good cause shown or the payment of the necessary fees, this matter will
be dismissed without further notice.
IT IS ORDERED:
1.

The court’s memorandum and order entered on January 23, 2018 (Filing
No. 9), is set aside and vacated.

2.

Plaintiff’s motion for leave to proceed in forma pauperis (Filing No. 5)
is denied.

3.

Plaintiff has until March 12, 2018, 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 and administrative fees. In the absence of either action by
Plaintiff, this matter will be dismissed without further notice.

4.

The clerk of the court is directed to set a pro se case management
deadline in this matter with the following text: March 12, 2018: Deadline
for Plaintiff to show cause or pay fees.

DATED this 8th day of February, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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