REID v. UNITED STATES (2018)

ORDER AND JUDGMENT **

Gordon C. Reid appeals the district court’s dismissal of his suit under the Federal Tort Claims Act for lack of subject matter jurisdiction. The United States has filed a Motion for Voluntary Remand explaining that it recently discovered that the record it provided to the district court was incomplete. The government states that it will withdraw the motion to dismiss it filed below and proceed with a new motion on the full record or with discovery. Further, the government will ask the district court to appoint counsel for Mr. Reid.

Mr. Reid has filed a response to the motion agreeing that the case must be remanded given the government’s discovery as to the record and joining the government’s suggestion that counsel be appointed in the district court. Given the circumstances of the government’s motion, Mr. Reid also asks this court to consider waiving the filing fee for this appeal.

The filing fee is prescribed by statute, and we have no authority to waive it. See 28 U.S.C. § 1915(b)(1) (providing that a prisoner appealing a civil case “shall be required to pay the full amount of a filing fee”). Consequently, we deny Mr. Reid’s request to be relieved of his obligation to make partial payments towards that fee. Id.

The government’s Motion for Voluntary Remand is granted. This matter is fully remanded to the district court with instructions to vacate its judgment dated March 28, 2017 and to conduct any and all proceedings necessary for a full review of all of Mr. Reid’s claims in light of the government’s representation that it will withdraw its motion to dismiss. In addition, given the government’s statement that it will ask the district court to appoint counsel for Mr. Reid, the district court is strongly encouraged to consider the appointment of counsel.

The mandate shall issue forthwith.

Per Curiam