WYATT et al v. USA
| GEORGE WYATT, RODOLFO K. JONES and RODOLFO KING JONES |
| USA |
| 1:2023cv01046 |
| July 3, 2023 |
| United States Federal Claims Court |
| Richard A Hertling |
| Miscellaneous - Other |
| 28 U.S.C. ยง 1491 Tucker Act |
| None |
Docket Report
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This docket was last retrieved on August 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 11 JUDGMENT entered, pursuant to Rule 41(b), dismissing plaintiffs' complaint, without prejudice, for failure to prosecute. No costs are awarded. (Service on parties made; plaintiffs served via first class mail. ) (dls) |
Filing 10
Order of Dismissal. Because neither plaintiff has either remitted the filing fee or filed a complete application for leave to proceed in forma pauperis, within the time established by the Court's 7/7/2023, Order, the complaint is DISMISSED without prejudice. In addition, plaintiff George Wyatt is specifically barred by an order of this Court from being allowed to proceed in forma pauperis before the Court of Federal Claims. Wyatt v. United States, Order, Case No. 19-978 (Fed. Cl., Feb. 14, 2020). Accordingly, while plaintiff Rodolfo Jones may refile his complaint and again seek leave to proceed in forma pauperis with a complete application, plaintiff George Wyatt may only refile his complaint if he pays the fees required to initiate an action in the Court of Federal Claims. The Clerk is directed to enter judgment. No costs are awarded. Signed by Judge Richard A. Hertling. (agg) Service on parties made. Plaintiffs George Wyatt and Rodolfo K. Jones served via first class mail on this day Modified on 8/9/2023 (vds).
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| Filing 9 MOTION for Leave to Proceed in forma pauperis, filed by All Plaintiffs. Service: 8/8/2023. Response due by 8/23/2023.(ew) Modified on 8/9/2023 (ew). |
| Filing 8 MOTION for Leave to Proceed in forma pauperis, filed by All Plaintiffs. Service: 8/8/2023. Response due by 8/23/2023.(ew) Modified on 8/9/2023 (ew). |
| Filing 7 NOTICE of Appearance by Patrick Angulo for USA . (Angulo, Patrick) |
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Filing 6
ORDER The plaintiffs filed their complaint #1 without either paying the filing fees or submitting applications for IFP status. Accordingly, no later than 8/7/2023, the plaintiffs shall either pay the $402.00 in required fees or each plaintiff shall submit the attached IFP application. If the plaintiffs fail to comply with this order, this action shall be dismissed without prejudice for failure to prosecute under Rule 41 of Rules of the United States Court of Federal Claims. Signed by Judge Richard A. Hertling. (Attachments: #1 IFP App, #2 Prisoner Auth, #3 IFP App, #4 Prisoner Auth)(agg) Service on parties made.
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Filing 5
GENERAL ORDER No. 2022-01 dated 9/12/2022 continuing the suspension of paper filing requirements in pro se cases: Consistent with this court's General Orders issued on 3/18/2020, 11/13/2020, 12/23/2020, and 3/3/2021, it is ordered that judges, special masters, the Clerk of Court, and counsel of record for the United States may file electronically in pro se cases using the court's Case Management/Electronic Case Filing (CM/ECF) system. Pro se litigants shall, absent extraordinary circumstances, submit all case filings via e-mail to ProSe_case_filings@cfc.uscourts.gov. Pro se litigants may, if feasible, receive notification by e-mail of all electronic filings by filing an E-Notification Consent Form, attached to the General Order. Docket entries 2-5 served to plaintiff via first class mail. (ew) Service on parties made.
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| Filing 4 **FILING FEE DUE.** Our records indicate that a filing fee has not been received. Plaintiff must submit either the required filing fee of $402.00 OR an application to proceed in forma pauperis, which can be located under the forms link at: #www.uscfc.uscourts.gov. Please contact the Clerk's Office at 202-357-6406 for any additional assistance. (ew) |
| Filing 3 NOTICE of Non-ECF Case. (ew) |
| Filing 2 Notice of Random Assignment Pursuant to Rule 40.1(a) to Judge Richard A. Hertling. (ew) |
| Filing 1 COMPLAINT against USA (O) (Copy Served Electronically on Department of Justice), filed by All Plaintiffs.Answer due by 9/5/2023. (Attachments: #1 Exhibit 1, #2 Envelope)(ew) |
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