Johnson v. United States

Opinion

In the United States Court of Federal Claims No. 24-1253C (Filed: October 22, 2024) NOT FOR PUBLICATION

************************************* KAYLIN E. JOHNSON, * * Plaintiff, * * v. * * THE UNITED STATES, * * Defendant. * * ************************************* ORDER Plaintiff, being incarcerated, is required to pay the Court’s filing fee. See 28 U.S.C. §§ 1915, 1926. Prisoners can arrange to pay it in installments rather than by prepayment by submitting an application to proceed in forma pauperis, a certified trust fund account statement, and a Prisoner Authorization Form. See 28 U.S.C. § 1915(b); see also Skinner v. Switzer, 562 U.S. 521, 535 (2011). Plaintiff has neither paid the fee nor submitted the required documentation. Plaintiff has submitted a handwritten motion to waive the filing fee, but that relief is prohibited by statute , and the motion does not contain the information called for in the necessary documents. See Motion (ECF 8). Accordingly, Plaintiff’s motion is hereby DENIED. On August 19, 2024, this Court ordered Plaintiff to pay the filing fee or submit the required documentation by September 18. See Order (ECF 5). The order was returned as undeliverable. See Docket Entry (ECF 7). It therefore appears that Plaintiff has not paid the filing fee, submitted a proper IFP motion, or updated the Court as to his whereabouts. Out of an abundance of caution, this case is STAYED until December 23, 2024 to enable Plaintiff to provide his current address and either pay the filing fee or submit a proper request to proceed in forma pauperis. The relevant documents are attached to this order. The government is ORDERED (1) to serve this Order on Plaintiff if the government is aware of his address, and (2) to file a status report no later than November 1, 2024 certifying either that it has served Plaintiff or that it has been unable to locate him.

If Plaintiff fails to comply with this order, this action will be dismissed without prejudice for failure to prosecute under Rule 41 of the Rules of the United States Court of Federal Claims.

IT IS SO ORDERED.

s/ Stephen S. Schwartz STEPHEN S. SCHWARTZ Judge

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