IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

AUSTIN EDWARD LIGHTFEATHER,

Plaintiff, 

vs. 

BRANDON HOLISTER, LMHIP; 

UNKNOWN WHITE FEMALE OFFICER 

FOR NDCS, FOSTER, Inmate of 

Tecumsehs Super Max Prison; B.J., Inmate 

of Tecumsehs Super Max Prison; 

NEBRASKA DEPARTMENT OF 

CORRECTIONAL SERVICES, STEPHANIE 

BAREN, Counsel Ombudsman, Inspector 

General of Nebraska; BLUE, Case 

Manager; VICTOR OSUNA, RICARDO 

MANDOZA, LEWIS VASQUEZ, KRUGLE, 

Captain, of RTC; CORPRAL ANDREWS, 

MATTHEW PAVEY, CODY MILLER, 

Corpral; and MARTIN, Dietary Kitchen;

Defendants.

8:23CV214

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff Austin Edward Lightfeather’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).

The 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 

8:23-cv-00214-JFB-PRSE Doc # 6 Filed: 06/09/23 Page 1 of 3 - Page ID # 46
2

claim upon which relief may be granted. See, e.g., Lightfeather v. McSwine, No. 8:22-

cv-00238-JFB-PRSE (D. Neb.) (Filing No. 11, finding Plaintiff has “three strikes” and 

dismissing complaint pursuant to 28 U.S.C. §1915(g)). Previous cases brought by 

Plaintiff that were dismissed include: Lightfeather v. Prey et al, No. 8:21-cv-00211-RGKPRSE (D. Neb.) (Filing Nos. 15 & 16, finding Plaintiff’s complaint failed to state a claim 

for relief and dismissing case on April 8, 2022, after Plaintiff failed to amend complaint); 

Lightfeather v. Green et al, No. 8:21-cv-00208-RGK-PRSE (D. Neb.) (Filing Nos. 12 & 

14, finding Plaintiff’s complaint failed to state a claim for relief and dismissing case on 

October 12, 2021, after Plaintiff failed to amend complaint); Lightfeather v. Ricketts et 

al, No. 8:21-cv-00165-RGK-PRSE (D. Neb.) (Filing Nos. 12 & 14, finding Plaintiff’s 

complaint failed to state a claim for relief and dismissing case on October 7, 2021, after 

Plaintiff failed to amend complaint); Lightfeather v. City of Lincoln, No. 4:20-cv-03118-

RGK-PRSE (D. Neb.) (Filing Nos. 112 & 113, May 24, 2021 Memorandum and Order 

and Judgment dismissing Plaintiff’s second amended complaint for failure to state a 

claim and for being frivolous); Lightfeather v. Beatrice Sun Times, et al, No. 8:21-cv00114-RGK-PRSE (D. Neb.) (Filing Nos. 14 & 15, May 19, 2021 Memorandum and 

Order and Judgment dismissing Plaintiff’s complaint as frivolous).

Plaintiff acknowledges that he is subject to the “three strikes” rule and states that 

he is seeking to proceed under the immediate danger exception in 28 U.S.C. §1915(g). 

Filing No. 5 at 1, 5. In light of the foregoing, the Court will give Plaintiff 30 days in which 

to show cause why this case should not be dismissed pursuant to the provisions of 28 

U.S.C. §1915(g) or, in other words, to show cause why the immediate danger exception 

is applicable to him. Alternatively, Plaintiff may pay the Court’s $402.00 filing and 

8:23-cv-00214-JFB-PRSE Doc # 6 Filed: 06/09/23 Page 2 of 3 - Page ID # 47
3

administrative fees within 30 days. In the absence of good cause shown, or the 

payment of the necessary fees, this matter will be dismissed without further notice.

IT IS THEREFORE ORDERED:

1. Plaintiff has 30 days from the date of this Memorandum and Order to 

either show cause why this case should not be dismissed pursuant to 28 U.S.C. 

§1915(g) or pay the Court’s $402.00 filing and administrative fees. In the absence of 

either action by Plaintiff, this matter will be dismissed without further notice.

2. The Clerk of Court is directed to set a pro se case management deadline

in this matter with the following text: July 10, 2023: deadline for Plaintiff to show cause 

or pay fees.

Dated this 9th day of June, 2023.

BY THE COURT:

Joseph F. Bataillon

Senior United States District Judge

8:23-cv-00214-JFB-PRSE Doc # 6 Filed: 06/09/23 Page 3 of 3 - Page ID # 48