Cameron v. United States
21-1779
| Fed. Cl. | Oct 28, 2021Background:
- Plaintiff Alexander Cameron, an inmate in Virginia, sued alleging his imprisonment violates constitutional and civil rights.
- Cameron has had more than three prior civil actions dismissed with prejudice under 28 U.S.C. § 1915A(b)(1).
- Under 28 U.S.C. § 1915(g), a prisoner with three prior dismissals cannot proceed in forma pauperis (IFP) unless he shows imminent danger of serious physical injury.
- The complaint did not allege imminent danger; the court ordered Cameron to pay the full $402 filing fee within 30 days (Sept. 20, 2021).
- Cameron failed to pay; later filings included an IFP application, a motion for counsel, and a motion construed as summary judgment; he cited recent knee surgery and asserted imminent danger but submitted defective proofs of service.
- The court denied the IFP application, found the alleged dangers insufficient (incarceration alone not enough), dismissed the case for failure to prosecute, and denied the government’s motion to dismiss as moot.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cameron qualifies for IFP under 28 U.S.C. § 1915(g) (imminent danger exception) | Cameron says recent knee replacement and threats create imminent danger; cannot pay fee now | Prior dismissals bar IFP absent specific imminent danger facts; incarceration risk alone insufficient | Denied: Cameron did not show imminent danger; IFP denied |
| Whether case should be dismissed for failure to prosecute for not paying the filing fee after court order | Cameron asserted inability to pay and authorized monthly deductions; asked for more time | Court ordered full fee; failure to comply warrants dismissal under RCFC/Rule 41(b) | Dismissed for failure to prosecute; judgment entered; govt motion denied as moot |
Key Cases Cited
None — the opinion does not cite any authorities that have official reporter citations.