CARLTON v. USA

Filing 5

Order of Dismissal. The Clerk is directed to enter judgment. Signed by Senior Judge Nancy B. Firestone. (ac7) Service on parties made.

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No. l9-794C
(Filed:July 1,2019)
NOT FOR PUBLICATION

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PHILIP A. CARLTON,
Pro Se

Plaintiff,

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)

Pro Se; Filing Fee; Failure to
Prosecute.

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)
)

THE I.INITED STATES,

Defendant.

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)
)
)

ORDER OF DISMISSAL
Plaintiff, Philip A. Carlton, proceedingpro se, filed the instant complaint on May
29,2019 seeking the court to "enter default" against defendants Chester Water Authority,
Barbara A Cummings, Agnes Woebkenberg, and Robert A Judge for $302,000.00.

Compl. at 6-7. Although the majority of the complaint is difficult to understand, it is clear
that the plaintiff seeks judgment against a water provider in Pennsylvania, the chester

water Authority, and several individuals that work for the chester water Authority.
The plaintiff s complaint was submitted with a $450 check that could not be
processed because it was not issued by a banking institution and had no account or

routing number. on May 31,2019 the plaintiff was notified that the attempted payment
was unsuccessful, and the plaintiff indicated that he would send a money order. The court
has not received a money order from the plaintiff. Because a complaint must be

?81? 1r+50 0000 13'{h 1718

accompanied by either a $400 filing fee pursuant to Rule 77.1(c) ofthe Rules ofthe

United States Court of Federal Claims C'RCFC) or an application to proceed

in

forma

pauperis pursuant to 28 U.S.C. $ 1915, and the plaintiff has not submitted either, the
court DISMISSES the plaintiff s complaint without prejudice for failure to prosecute
pursuant to RCFC

4l(b) which

states

"[i]f

the plaintiff fails to prosecute or to comply

with these rules . . ., the court may dismiss on its own motion[.]" The clerk is directed to
dismiss the plaintiff s complaint.

IT IS SO ORDERED.

Senior Judge

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