Filed: Oct. 15, 2019
Latest Update: Oct. 15, 2019
Summary: ORDER NANCY B. FIRESTONE , Senior Judge . On September 9, 2019, the court issued an order (Docket No. 5, attached) directing plaintiff to either pay the filing fee or request to proceed in forma pauperis and submit Prisoner Authorization Forms by October 9, 2019 in order to proceed with his case, and that failure to pay the fee or submit the application and forms would result in the dismissal of his case for failure to prosecute under Rule 41(b) of the Rules of the United States Court of
Summary: ORDER NANCY B. FIRESTONE , Senior Judge . On September 9, 2019, the court issued an order (Docket No. 5, attached) directing plaintiff to either pay the filing fee or request to proceed in forma pauperis and submit Prisoner Authorization Forms by October 9, 2019 in order to proceed with his case, and that failure to pay the fee or submit the application and forms would result in the dismissal of his case for failure to prosecute under Rule 41(b) of the Rules of the United States Court of F..
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ORDER
NANCY B. FIRESTONE, Senior Judge.
On September 9, 2019, the court issued an order (Docket No. 5, attached) directing plaintiff to either pay the filing fee or request to proceed in forma pauperis and submit Prisoner Authorization Forms by October 9, 2019 in order to proceed with his case, and that failure to pay the fee or submit the application and forms would result in the dismissal of his case for failure to prosecute under Rule 41(b) of the Rules of the United States Court of Federal Claims ("RCFC").
A review of court records indicates that plaintiff has not paid the filing fee or submitted the in forma pauperis application and Prisoner Authorization Forms. Accordingly, the above-captioned case is DISMISSED without prejudice under RCFC 41(b) for failure to prosecute.
IT IS SO ORDERED.
In the United States Court of Federal Claims
No. 19-1136C
(Filed: September 9, 2019)
RETENICK FAUSTEN,
Pro Se Prisoner; Filing Fee
Pro Se Plaintiff,
v.
THE UNITED STATES,
Defendant.
ORDER DIRECTING PAYMENT OF FEE OR FILING OF IFP APPLICATION AND PRISONER AUTHORIZATION
Plaintiff, Retenick Fausten, who is incarcerated at South Florida Reception Center has filed pro se this civil action against the United States of America. Mr. Fausten does not appear to have an actionable claim against the United States, but instead, seems to be challenging the actions of BellSouth Telecommunications, LLC ("AT&T"). Nonetheless, to proceed with a civil action in this court, a prisoner must either pay $400.00 in fees—a $350.00 filing fee plus a $50.00 administrative fee—or request authorization to proceed without prepayment of fees by submitting an application to proceed in forma pauperis ("IFP") and Prisoner Authorization Form. See 28 U.S.C. §§ 1914, 1915.
Pursuant to 28 U.S.C. § 1915(b)(1), if the court grants a prisoner's IFP application, the prisoner is still required to pay the full $350.00 filing fee in this civil action.1 See Skinner v. Switzer, 562 U.S. 521, 535 (2011) (28 U.S.C. § 1915(b)(1) requires any prisoner proceeding IFP to pay the full filing fee out of percentage of prisoner's prison trust account). If granted leave to proceed IFP, plaintiff is entitled to pay the filing fee over time through the payment of an initial partial filing fee to be assessed by the court under 28 U.S.C. § 1915(b)(1) and/or through periodic payments from the plaintiff's inmate trust account as authorized in 28 U.S.C. § 1915(b)(2). The court is also required by the statute to assess and, when funds exist, collect an initial partial filing fee of twenty percent of the greater of the average monthly deposits or the average monthly balance in the prisoner's trust account for the six months immediately preceding the date of the filing of the civil action.
Mr. Fausten submitted the instant complaint without the required fees or a completed IFP application and Prisoner Authorization Form. Within thirty (30) days of the date of this order, Mr. Fausten is ORDERED to either pay the $400.00 in required fees or submit the enclosed IFP application and Prisoner Authorization Forms.2
If plaintiff fails to comply with this order within thirty (30) days, this action will be dismissed without prejudice for failure to prosecute under Rule 41 of Rules of the United States Court of Federal Claims. Accordingly, if Mr. Fausten wishes to pursue his claims in this court, he must pay the court's filing fee by Wednesday, October 9, 2019. See Rule 41, Rules of the United States Court of Federal Claims.
IT IS SO ORDERED.
________
NANCY B. FIRESTONE
Senior Judge