WILLIAMS v. USA

Filing 8

UNREPORTED ORDER DISMISSING CASE; denying as moot 7 Motion to Dismiss - Rule 12(b)(1) filed by USA. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made. Plaintiff served via first class mail on 8/29/2024.

In the United States Court of Federal Claims
No. 24-996C
(Filed: August 29, 2024)
NOT FOR PUBLICATION
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GRADY RENARD WILLIAMS, JR.,
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Plaintiff,
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v.
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THE UNITED STATES,
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Defendant.
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ORDER
On June 27, 2024, Grady Renard Williams, Jr., also known as Abdul Malik El
Basir Bey — who is currently incarcerated in Georgia — filed a complaint in this
Court alleging that his imprisonment violates his constitutional and civil rights. See
Complaint at 1 (ECF 1). At least three of Plaintiff’s prior civil actions have been
dismissed as frivolous, malicious, or for failure to state a claim. See Order at 5,
Williams v. United States, No. 5:21-cv-00061 (M.D. Ga. April 2, 2021) (listing cases
dismissed with prejudice for failure to state a claim). As a result, Plaintiff may not
proceed in forma pauperis — which, for prisoners, involves payment of an initial
partial filing fee from a prison trust fund account followed by subsequent monthly
payments in amounts determined by a statutory formula, see 28 U.S.C. § 1915(b) —
unless he demonstrates “imminent danger of serious physical injury.” See 28 U.S.C.
§ 1915(g). Mr. Williams’ Complaint did not indicate any such danger. On July 1, 2024,
I therefore ordered Plaintiff to pay the full filing fee of $405 within 30 days. See Order
(ECF 5). The Order specified that “[i]f Plaintiff does not comply, the complaint will be
dismissed for failure to prosecute.” Id. As of today, Plaintiff has not submitted
payment.
Because Plaintiff has not paid the filing fee or shown that he is qualified to
proceed in forma pauperis under 28 U.S.C. § 1915(g), the case is DISMISSED for
failure to prosecute. See Rule 41(b), Rules of the United States Court of Federal
Claims. The government’s motion to dismiss (ECF 7) is DENIED AS MOOT.

The Clerk is directed to enter judgment accordingly.
IT IS SO ORDERED.
s/ Stephen S. Schwartz
STEPHEN S. SCHWARTZ
Judge

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