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In the Umted‘S;tates Court of Federal Claims

No. 17- 807C

(Filed Jun@ 21, 2017) FlLED
NOT FOR PUBLICATION
JUN 2 l 2017
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SAMUEL BURLESON, *
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Piaintiff, *
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THE UNITED STATES, *
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Defendant. *
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ORDER

Samuel Burleson, a prisoner in the custody of the State of Texas, has filed a
complaint in this court. He did not pay the filing fee With his complaint and did not
file a motion to proceed in forma pauperis. ln that complaint he appears to be
contesting the legality of his imprisonment Mister Burleson has brought numerous
civil actions in federal courts during his incarceration Accordingly, on June 8,
2017, the United States District Court for the Western District of Texas determined
that he is not eligible for in forma pauperis status under the Prison Litigation
Reform Act because he has filed three civil actions in federal courts Which Were
dismissed as frivolous, malicious, or for failing to state a claim. Burleson u. United
States Corporatt'ort, et al., 17-cV-514 (W.D. Tex. June 8, 2017) (citing 28 U.S.C. §
1915). As Mr. Burleson’s complaint does not allege that he is in “imminent danger
of serious physical injury,” see 28 U.S.C. § 1915(g), this Court likewise finds that
plaintiff is not eligible to proceed Without first paying the filing fee. Therefore,
plaintiff must pay the $400 filing fee in full by Thursday, July 20, 2017 , or his
complaint Will be dismissed for failure to prosecute, pursuant to Rule 41(b) of the
Rules of the United States Court of Federal Claims.

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IT IS SO ORDEREI).

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VI(@R/:l. Wuh '1
Judge 75

 

