Stamps v. United States

73 Fed. Cl. 603, 2006 U.S. Claims LEXIS 319, 2006 WL 3041974
CourtUnited States Court of Federal Claims
DecidedOctober 26, 2006
DocketNo. 06-677C
StatusPublished
Cited by13 cases

This text of 73 Fed. Cl. 603 (Stamps v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stamps v. United States, 73 Fed. Cl. 603, 2006 U.S. Claims LEXIS 319, 2006 WL 3041974 (uscfc 2006).

Opinion

[604]*604ORDER

HORN, Judge.

The plaintiff, Ivan Comedore Stamps, filed a complaint in this court on September 29, 2006 alleging a number of claims that appear to stem from a lawsuit he filed in the United States District Court for the District of Colorado. On October 7, 2004, Mr. Stamps filed a claim under 42 U.S.C. § 1983 (2000) in the District Court challenging the constitutionality of Colorado’s mandatory parole statute. Stamps v. Colorado, 144 Fed.Appx. 746, 747 (10th Cir.2005). The District Court construed the complaint as a writ of habeas corpus and dismissed the case for failure to exhaust administrative remedies. Id. The plaintiff then attempted to appeal to the United States Court of Appeals for the Tenth Circuit. Id. On September 22, 2005, the Tenth Circuit denied the plaintiffs application finding that he could not “appeal the district court’s denial of that application until he obtains a certificate of appealability (‘COA’).” Id.

Mr. Stamps then filed a complaint in this court, individually naming as defendants two United States Attorneys, the Colorado District Court Judge who presided over his section 1983 action, and the Colorado Deputy Attorney General. Mr. Stamps alleges twelve causes of action before this court: 1) the District Court Judge “created two fraudulent documents and entered them into the court record”; 2) the District Court Judge engaged in ex parte communication with United States Attorneys, 3) the District Court Judge violated the “Separation of Powers Doctrine” by “usurp[ing] the U.S. Attorneys rightful place in the litigation by appointing the Colorado Attorney General in their place”; 4) the District Court Judge violated “her oath of fidelity”; 5) the District Court Judge violated an “implied-in-fact” contract by malting the plaintiff pay filing fees; 6) the Colorado Deputy Attorney General committed an unauthorized appearance in his court case; 7) the Colorado Deputy Attorney General violated “her oath of fidelity”; 8) the United States Attorneys failed to fulfill their “contractual obligations” by not appearing in his court case violating his due process rights; 9) the United States Attorneys violated the “Separation of Powers Doctrine” by allowing the judiciary “to usurp their executive functions”; 10) the United States Attorneys “failed to prevent the Colorado Attorney General from appearing in their place” in violation of 42 U.S.C. § 1986; 11) the United States Attorneys “violated their oath of fidelity”; 12) the United States Attorneys failed to supervise “subordinate U.S. Attorneys.” Plaintiff requests compensatory, nominal, and punitive monetary relief.2 Plaintiff also requests that the court order an injunction to bar the United States District Court Judge who presided over his section 1983 action “from presiding over any case he brings to the U.S. District Court.” For the reasons discussed below, this court finds that it lacks subject matter jurisdiction to hear Mr. Stamps’ claims and his complaint must be dismissed.

DISCUSSION

Petition to Proceed In Forma Pauperis

In this motion, plaintiff, acting pro se, asks leave of court to proceed in forma pauperis. Plaintiff appears to be an incarcerated inmate at the Arrowhead Correctional Facility.3 In order to provide access to [605]*605this court to those who cannot pay the filing fees mandated in this court by Rule 77.1(c) of the Rules of the United States Court of Federal Claims (RCFC), 28 U.S.C. § 1915 (2000) permits a court of the United States, including this one, to allow a plaintiff to file a complaint without payment of fees or security, under specific circumstances. The applicable statute, 28 U.S.C. § 1915, provides:

(a)(1) Subject to subsection (b), any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such [person] prisoner possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affiant’s belief that the person is entitled to redress.

28 U.S.C. § 1915(a) (2000) (bracketed word in original); see also Hayes v. United States, 71 Fed.Cl. 366, 366-67 (2006) (discussing 28 U.S.C. § 1915(a)).

When the person submitting a request to proceed in forma pauperis is a prisoner, 28 U.S.C. § 1915(a)(2) requires that the prisoner submit, along with the affidavit required by subsection (a)(1), a certified copy of:

[T]he trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined.

28 U.S.C. § 1915(a)(2); see also Matthews v. United States, 72 Fed.CI. 274, 277 (2006). Subsection 1915(b)(1) also requires that the filing fee for a lawsuit filed by a prisoner eventually be paid in full from funds available to prisoners. Subsection (b)(1) specifically states:

(b)(1) Notwithstanding subsection (a), if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of—
(A) the average monthly deposits to the prisoner’s account; or
(B) the average monthly balance in the prisoner’s account for the 6-month period immediately preceding the filing of the complaint or notice of appeal.

28 U.S.C. § 1915(b)(1).

Therefore, pursuant to 28 U.S.C. § 1915(a)(1), in order to qualify for informa pauperis status, an applicant must file an affidavit which includes a statement of assets, a statement that the applicant is unable to pay such fees or provide security, the nature of the action, defense or appeal, and that the affiant believes that he or she is entitled to redress. As a prisoner requesting in forma pauperis status, in accordance with 28 U.S.C. § 1915

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Cite This Page — Counsel Stack

Bluebook (online)
73 Fed. Cl. 603, 2006 U.S. Claims LEXIS 319, 2006 WL 3041974, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stamps-v-united-states-uscfc-2006.