Taylor v. United States

Case: 14-5097 Document: 23 Page: 1 Filed: 09/25/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RALPH TAYLOR,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
______________________
2014-5097
______________________
Appeal from the United States Court of Federal
Claims in No. 1:13-cv-00759-SGB, Judge Susan G.
Braden.
______________________
PER CURIAM.
ORDER
Upon further consideration, we consider whether
Ralph Taylor must pay the court’s docketing fee in full
before proceeding with this appeal.
Taylor is currently incarcerated. Pursuant to the
Prison Litigation Reform Act (PLRA), a prisoner is barred
from proceeding in forma pauperis if three or more prior
actions or appeals brought by the prisoner have been
dismissed as frivolous or malicious or for failure to state a
claim:
Case: 14-5097 Document: 23 Page: 2 Filed: 09/25/2014
2 TAYLOR v. US
In no event shall a prisoner bring a civil action or
appeal a judgment in a civil action or proceeding
under this section if the prisoner has, on 3 or
more prior occasions, while incarcerated or de-
tained in any facility, brought an action or appeal
in a court of the United States that was dismissed
on the grounds that it is frivolous, malicious, or
fails to state a claim upon which relief may be
granted, unless the prisoner is under imminent
danger of serious physical injury.
28 U.S.C. § 1915(g).
The court notes that three or more actions or appeals
filed by Taylor have been dismissed as frivolous, mali-
cious, or for failure to state a claim. See, e.g., Taylor v.
United States, No. 13-112C (Fed. Cl. Feb. 19, 2013) (dis-
missing for failure to state a claim upon which relief may
be granted); Taylor v. United States, No. 12-660C (Fed. Cl.
Feb. 15, 2013) (same); Taylor v. United States Treasury,
13-1047 (D.D.C. July 10, 2013) (dismissing as frivolous).
Moreover, Taylor has not suggested that he is in immi-
nent danger of serious physical injury.
Accordingly,
IT IS ORDERED THAT:
(1) The court’s September 10, 2014 order concerning
the docketing fee is vacated.
(2) If Taylor does not pay the $505 filing fee within 30
days of the date of this order, his appeal will be dismissed.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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