Vedrick Lamonte Symonette, proceeding pro se, filed a complaint in the United States Court of Federal Claims alleging that the United States was wrongfully detaining his private property, specifically his birth certificate and social security account number. Symonette sought to proceed in forma pauperis, meaning he wanted to waive the filing fee. The Court of Federal Claims denied this motion because Symonette had previously filed three cases that were dismissed as frivolous, malicious, or for failure to state a claim, triggering the three-strikes rule under 28 U.S.C. § 1915(g). The lower court noted that Symonette did not allege he was in imminent danger of serious physical injury, which is the only exception to the three-strikes bar. The court ordered Symonette to pay the fee by a specific deadline or face dismissal. Symonette filed a motion for reconsideration claiming he was in danger of physical injury, but the court denied it, stating his complaint did not meet the legal standard and the court lacked jurisdiction to review state court decisions. Symonette failed to pay the fee, and the Court of Federal Claims dismissed his complaint for failure to prosecute. Symonette appealed this dismissal to the Federal Circuit.
The Federal Circuit reviewed the dismissal for an abuse of discretion, a standard that requires the appellate court to find the lower court's decision clearly unreasonable, based on an erroneous construction of law, or lacking evidentiary support. The court found no abuse of discretion. The primary issue was Symonette's failure to pay the filing fee after being ordered to do so twice. The court noted that Symonette's arguments on appeal regarding his security interests and citations to Florida statutes and historical resolutions were directed at the merits of his underlying claim, not the procedural requirement to pay the fee. The court reiterated that under 28 U.S.C. § 1915(g), a prisoner is barred from proceeding in forma pauperis if they have three prior dismissals and are not under imminent danger of serious physical injury. Since the Court of Federal Claims correctly applied this statute and gave Symonette ample opportunity to pay the fee, the dismissal was proper. The court cited precedent stating that if a party fails to pay the requisite filing fee despite adequate notice and opportunity, the court acts within its discretion to dismiss the action.
The decision reinforces the strict application of the three-strikes rule in the Court of Federal Claims, ensuring that prisoners with multiple prior dismissals must either pay filing fees or demonstrate imminent danger of serious physical injury to proceed. It clarifies that arguments regarding the substantive merits of a claim, such as security interests in collateral, do not excuse a failure to comply with procedural orders to pay fees. The case is remanded with no further action, as the dismissal stands, and no costs are awarded.
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