Opinion
8:19CV59
02-22-2019
DUKHAN MUMIN, Plaintiff, v. BRAD HANSEN, Defendant.
MEMORANDUM AND ORDER
This matter is before the court on Plaintiff Dukhan Mumin'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).
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 Mumin v. McLaughlin, et al., Case No. 8:17CV100 (D.Neb.) (Filing No. 6, March 27, 2017 Memorandum and Order requiring Plaintiff to show cause why case should not be dismissed 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: March 25, 2019: deadline for Plaintiff to show cause or pay fees.
Dated this 22nd day of February, 2019.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge