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Sherrod v. Lacey

United States District Court, D. Nebraska

March 12, 2014

JAMES EDWARD SHERROD, Plaintiff,
v.
GARY E. LACEY, et al., Defendants.

MEMORANDUM AND ORDER

JOHN M. GERRARD, District Judge.

This matter is before the court on its own motion. On February 4, 2014, the court required Plaintiff to show cause why he is entitled to proceed in forma pauperis ("IFP") pursuant to the provisions of 28 U.S.C. §1915(g) ("§ 1915(g)"). (Filing No. 8.) For the reasons discussed below this case is dismissed with prejudice.

I. BACKGROUND

On January 14, 2014, while incarcerated, Plaintiff filed a Complaint. (Filing No. 1.) On January 24, 2014, the court granted Plaintiff's Motion for Leave to Proceed IFP. (Filing No. 6.) However, upon further review, the court determined Plaintiff was a three-strikes litigant and was not entitled to proceed IFP in this matter without first showing a danger of imminent harm. (Filing No. 8.) The court struck its January 24, 2014, Memorandum and Order and gave Plaintiff until March 3, 2014, to show cause why this case should not be dismissed pursuant to the provisions of 28 U.S.C. 1915(g), or to pay the full $400.00 filing and administrative fees. ( Id. at CM/ECF p. 2.) Thereafter, Plaintiff filed a Motion to Show Cause (filing no. 9), an Amended Motion to Show Cause (filing no. 10) and a Motion to Amend (filing no. 11).

II. ANALYSIS

A prisoner may not bring a civil action and proceed IFP if the prisoner has, on three or more occasions, while incarcerated, brought an action or appeal in federal court that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief may be granted. § 1915(g). An exception is made for prisoners who are under imminent danger of serious physical injury. Id.

In his Motions, Plaintiff does not show that he is under imminent danger of serious physical injury. ( See Filing Nos. 9, 10, and 11.) Thus, Plaintiff is not entitled to proceed IFP. Moreover, Plaintiff has not paid the $400.00 filing and administrative fees. ( See Docket Sheet.) For these reasons, this matter must be dismissed.[1]

IT IS THEREFORE ORDERED that:

1. This matter is dismissed without prejudice.

2. All pending Motions are denied.

3. A separate judgment will be entered in accordance with this Memorandum and Order.


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