AMEN BEY v. USA

Filing 15

Order of Dismissal. The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 1796)

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gLry$h rln tbt@nrtBr ",3,$jNo. Filed: Jre.erst r,rstms 17-617C October 30, 2017 FILED **********************,1********,t******** oCT 3 0 RA NU RA KHUTI AMEN BEY. U.S. COURT OF FEDERAL Plaintiff, pro 2017 CljIMS se, THE UNITED STATES, Defendant. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *,i * * * * * * * *'* ORDERDISMISSING CASE On May 8,2017 , :Ra-Nu-Ra-Khuti-Amen: Bey ("Plaintiff') filed a Complaint, pro se, in the United States Court of Federal Claims. On October 5,2017, the court issued a Show Cause Order, pursuant to Rule of the United States Court of Federal Claims ("RCFC) 41(b), because Plaintiffhad not submitted the required filing fee or filed an Application to Proceed In Forma Pauperrb with the court. The Show cause Order stated: RCFC 41(b) states that the court may dismiss an action, on its own motion, "[i]fthe plaintiff fails . . . to comply with [the RCFC.]" RCFC 41(b). In light of Plaintiff s failure to comply with court-mandated requirements prescribed by RCFC 77.1, Plaintiff is ordered to show cause why this case should not be dismissed. Plaintiff will respond to this Order by submitting the required fee or filing a completed Application to Proceed /n Forma Pauperis on, or before, October 20,2017 . If a response is not filed, the court will dismiss the above-captioned case, pusuant to RCFC 41(b). On October 19,2017, Plaintiff filed a Response ("P1. Resp."), responding to the court's October 5, 2017 Show Cause Order.r As of that date, Plaintiff had not submitted the required ' Although Plaintiff titled this document "AFFIDAVIT AGREEMENT OF TRUST / INDENTURE .ACCEPTANCE FOR VALUE, RETURN FOR VALUE, SETTLEMENT and ?u1,? 1,q5u 0000 llqh 1?5b filing fee or filed an Application to Proceed In Forma Pauperis. And, in the Response, Plaintiff failed to indicate that he intended to do so. Instead, in the Response, Plaintiff stated "[p]lease close thisaccount(17-617c),now,and...provide...acertificateofrelease"(Pl.Resp.at2),which the court views as an indication that Plaintiff will not be taking the steps required by the court's October 5, 2017 Show Cause Order. As of October 30,2017, Plaintiff still has not submitted the required filing fee or filed an Application to Proceed In Forma Pauperis with the court, nor has Plaintiff shown cause why this case should not be dismissed. As such, given Plaintiffs failure to prosecute, the Clerk of Court is directed to dismiss this case. IT IS SO ORDERED. SUSA|.{ G. BRADEN CLOSURE,'" the court considers this document to be a Response to the court's October 5, 2017 Show Cause Order.

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