Elsesser v. United States

In the United States Court of Federal Claims MARVIN PAUL ELSESSER, Plaintiff, No. 26-cv-591 v. (Filed: June 4, 2026) THE UNITED STATES, Defendant.

ORDER Plaintiff, Mr. Marvin Paul Elsesser (“Mr. Elsesser”), filed a Complaint in this Court but failed to pay the required filing fee. See ECF Nos. 1, 5. On April 23, 2026, the Court ordered Mr. Elsesser to either pay the filing fee or file a motion to proceed in forma pauperis (“IFP”) by May 22, 2026. ECF No. 6. The Court attached a blank IFP form. Id. The Court stated that if Mr. Elsesser did not pay the filing fee or file a proper motion to proceed IFP by May 22, 2026, the Complaint would be dismissed for failure to prosecute. Id. To this date, Mr. Elsesser has not paid the filing fee or filed a motion to proceed IFP. Thus, Mr. Elsesser has failed to comply with this Court’s rules and the applicable fee statutes. See Rule 77.1(c) of the Rules of the United States Court of Federal Claims (“RCFC”); 28 U.S.C. §§ 1915, 1926. “If the plaintiff fails to prosecute or to comply with these rules or a court order, the court may dismiss on its own motion . . . .” RCFC 41(b). Dismissal is the appropriate sanction where a plaintiff is “warned that [his] complaint was in danger of dismissal but failed to comply with court orders.” Koopmann v. United States, No. 2021-1746, 2022 WL 1073341, at *3 (Fed. Cir. Apr. 11, 2022). For those reasons, the Court hereby DISMISSES Mr. Elsesser’s Complaint, ECF No. 1, without prejudice for failure to prosecute under Rule 41(b). The Court DENIES Mr. Elsesser’s Motion for Leave to Amend his Complaint, ECF No. 8, as MOOT. The Clerk of Court shall enter JUDGMENT accordingly and reject all future deficient filings in this case.

IT IS SO ORDERED.

________________________ ROBIN M. MERIWEATHER Judge