Gladfelter v. Tyson Food Inc

Filing 9

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 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: April 4, 2018: 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
LARRY D. GLADFELTER,
Plaintiff,
v.
TYSON FOOD INC, et al.,
Defendants.

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8:18CV48

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion for Leave to Proceed In
Forma Pauperis (“IFP”). (Filing No. 5) 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).
Plaintiff currently is a prisoner at the Douglas County Correctional Center. The
court takes judicial notice that the United States District Court for the Middle District
of Florida has previously determined that at least 3 lawsuits filed by Plaintiff while
incarcerated were dismissed as frivolous. See Larry D. Gladfelter v. Warden Carl
Holder, et al., Case No. 5:06-cv-46-Oc-10GRJ, order entered on February 13, 2006.
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 without further notice.

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: April 4, 2018: deadline for Plaintiff to show
cause or pay fees.
DATED this 5th day of March, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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