Peter Joseph Polinski v. United States
Takings DueProcess
1. Whether the Court of Federal Claims may dismiss a pro se complaint for failure to prosecute based solely on an assertedly incomplete in forma pauperis application without employing lesser measures or providing a meaningful opportunity to cure, consistent with due process and access to courts.
2. Whether affirming a Rule 41(b) dismissal that prevents any consideration of a Fifth Amendment takings claim under the Tucker Act, 28 U.S.C. § 1491, is consistent with this Court's pleading standards that judge sufficiency by plausibility rather than proof at the threshold.
Whether the Court of Federal Claims may dismiss a pro se complaint for failure to prosecute based solely on an assertedly incomplete in forma pauperis application without employing lesser measures or providing a meaningful opportunity to cure, consistent with due process and access to courts