U.S. Court of Appeals for the Federal Circuit, 2014

Perry v. United States

U.S. Court of Appeals for the Federal Circuit · Decided March 12, 2014 · Rader, Prost, Chen

558 F. App'x 1010

Counsel

Gerald Allen' Perry, of Iowa Park, Texas, pro se., Martin M. Tomlinson, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for defendant-appel-lee. With him on the brief were Stuart F. Delery, Assistant Attorney General, Bryant G. Snee, Acting Director, and Brian A. Mizoguchi, Assistant Director.

Cases that cite this one

3 later published cases cite this decision.

Johnson v. United States (United States Court of Federal Claims 2016)
Rindahl v. United States (United States Court of Federal Claims 2015)
White v. United States (United States Court of Federal Claims 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ORDER

PER CURIAM.

Mr. Gerald Allen Perry is incarcerated. He filed an appeal in this court and previously requested to proceed in forma pau-peris. That request was denied by an order dated November 27, 2013. In that order, the court directed the custodian of Mr. Perry’s prison account to forward the filing fee to the court to be paid in installments in accordance with 28 U.S.C. § 1915.

In a separate paper, Mr. Perry admitted that he has filed four meritless actions in federal court while he has been incarcerated. Given this litigation history, the law is clear that Mr. Perry “shall” not bring “a civil action or appeal a judgment in a civil action or proceeding under [§ 1915]” unless he “is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).

We have considered Mr. Perry’s statement that he is in such imminent danger, but find it without merit. Accordingly, Mr. Perry does not qualify to proceed under § 1915. The November 27, 2013 order of the court is amended to the extent that it authorized him to cover the filing fee through a statutory payment plan. We are without authority to consider Mr. Per *1011 ry’s appeal without the full payment of his filing fee.

Upon consideration thereof,

It Is Ordered That:

Mr. Perry’s appeal is dismissed for failure to pay the proper filing fee.

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