MARTS v. USA

Filing 11

Order of Dismissal. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (dls) Copy to parties. (Tracking No. 9114 9010 7574 2690 0646 56)

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Wourt of

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No. l6-3867
(Filed: July 11, 2016)
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FILED
JUL 1

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2016

U,S, COURT OF
FEDERAL CLAIMS

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SIDNEY MARI'S.

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Plqintiff

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1'}IE UNI'I'ED STNTES,

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Defendant.
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ORDER

On March 25, 2016, pro se Plaintiff Sidney Marts, currently incarcerated in a
Irlorida Departnrent of Corrections f'acility, filed a complaint and a motion for leave to
proceed informa pauperrs r.vith this Court. Mr. Marts claims he is orved a tax refund from
ihe Internat Revenue Service. When the Court receives a complaint from a prisoner, it
must first determinc whether the complaint is frivolous, malicious, or fails to state a claim
upon rvhich relielmay be granted. 28 U.S.C. $ 1915A (2012). lf a prisoner files three or
more civil actions or appeals that are dismissed for being frivolous, malicious, or failing to
state a claim upon which relief may be granted, that prisoner is barred from initiating
further suits or appeals without first paying the rcquisite filing fee, unless he is "under
imminent danger of serious physical injury." 28 U.S.C. $ 191 5(g). Section I 915(g) is
known as the "thrcc-strikcs" rule. Sce Leaming v. United States, I l4 Fed. Cl.201,203
(2014).
On June 8, 20 1 6, this Court issued an order con lirming that Mr. Marts is barred from
bringing this complaint without first paying the filing fee because of thc three-strikes rulc.

In that order, the court explained that if Mr. Ma(s wished to pursue his claims in this
Court. he would have to pay the filing fee. See 28 U.S.C. $ 1926(a); RCFC 77 l(cXl)
(incorporating the fee schedule prescribed by the Judicial Cont'erence of the United States
fbr this courtj. The Court infbrmed Mr. Marts thal failure to pay the required filing fee
'I'o date, Mr. Marts
within 30 days of the order would result in dismissal of his complaint.
has failed to pay the required fee. Accordingly. Mr. Marts's complaint is DISMISSED.
usps

rMcKrNG. 91119O1O 7574 2690 0646 56

CUSTOMER
R€CEIPT

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For T6cking or inquines go to USPS com
or caf 1-800-222"1811

IT IS SO ORDERED.

THOMAS C. WHEELER
Judge