GONZALEZ v. USA

Filing 18

Order of Dismissal: Denying 7 Motion for Leave to Proceed in forma pauperis; Granting 13 Motion to Dismiss - Rule 12(b)(1) and (6) The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (ew) Service on parties made. Tracking #7017 1450 0000 6959 9788.

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No. l8-532 C
Filed: July 19, 2018

FILED
TTIOMAS GONZALEZ,

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Plaintifl

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2018

U,S, COURT OF
FEDERAL CLAIMS

THE LINITED STATES,
Defendant.

ORDER

On April 9,2018, plaintiff, Thomas Gonzalez, a state prisoner proceedingpro se, filed a
Complaint with this Court. Pursuant to the Rule 77. I (c) of the Rules of the Court of Federal
Claims ("RCFC"), plaintiff is required to pay the full filing fee of $400.00-a $350.00 filing fee,
plus a $50.00 administrative fee----or submit a proper request to proceed in forma pauperis. The
Court reminds plaintiff that, as a prisoner, even if his informa pauperus application is granted, he
is still required to pay a filing fee of$350.00, but is permitted to do so in installments as
provided by statute, 28 U.S.C. $ 1915(b).
On May 3 0, 201 8, plaintiff filed his Motion for Leave to Proceed in forma pauperis.
While the Courl has received avalid informa pauperis application, it is deficient. Plaintiffhas
not provided the Court with either a certified copy of his trust fund account statement or a
prisoner authorization form. On May 3 1 , 201 8, this Court ordered plaintiff to provide the Court
with either a certified copy ofhis trust fund account statement or a prisoner authorization form
within 30 days, on or bcfbre June 29, 2018. On June 4, 2018, the Court received correspondence
liom plaintilf wherein plaintiff asked the Court to explain the currency under which this Court
operates, so that he may make payments regarding his in forma pauperu.t application. On June 6,
201 8, this Court informed plaintiffthat the Couft accepts United States Dollars, and payment
must be made in the form of a check or money order.
On June 20,2018, the Court received correspondence from plaintiff that the Court
returned unfiled on June22,2018, lor lack of a certified copy of plaintiff s trust fund account
statement or a prisoner authorization form. Similarly, plaintiff s June26,2018 filing does not
comply with the RCFC. As plaintiff failed to pay the filing fee or submit the documents required
t<r proceed informa pauperl.i by the Court's June 29,2018 deadline, plaintiff s Complaint shall
be dismissed without prejudice for failure to prosecute under RCFC 41(b). Furthermore,

?01,? l,'r50 0000 b555 9?88

plaintiff s deficient Motion to proceed in forma pauperis is DENIED. Accordingly, the Court
must DISMISS plaintiff s Complaint saa sponte, and ORDERS that plaintiff s "Strictly
Business" and "Return and Discharge Immediately" documents be retumed unfiled.

IT IS SO ORDERED.
Loren A. Smith, Senior Judge