Hone — Court denied more time to appeal and refused to stay the filing-fee deadline

Case
James A. Hone v. United States
Court
U.S. Court of Federal Claims
Judge
Kathryn C. Davis (Donald Trump, 2020)
Date Decided
August 28, 2026
Docket No.
26-900
Topics
In Forma Pauperis, Appellate Procedure, Stay Pending Appeal, Failure to Prosecute
Source
Read the full opinion

Background

James A. Hone applied to proceed in forma pauperis, but the Court of Federal Claims denied his application after finding that payment of the filing fees would not constitute a serious hardship. The court ordered him to pay the fees by August 17, 2026, and warned that failure to pay would result in dismissal for failure to prosecute. Account statements that Hone later submitted from Clinton Correctional Facility did not alter the court’s decision.

The court subsequently received a defective submission concerning the denial of in forma pauperis status and permitted Hone to file it as a motion for an extension of time to file a notice of appeal and for a stay pending appeal. Because the submission was unclear, the court considered both whether Hone sought more time to appeal and whether he sought to postpone the filing-fee deadline while pursuing an appeal.

The Court’s Holding

The court denied an extension of the notice-of-appeal deadline. Hone’s appeal of the July 16 order was not due until September 14, 2026, under Federal Rule of Appellate Procedure 4(a)(1)(B), and he supplied no reason establishing excusable neglect or good cause for an extension under Rule 4(a)(5)(A).

The court also denied a stay pending appeal. Hone did not make a strong showing of likely success because decisions on in forma pauperis status are discretionary and he identified no potential abuse of discretion or intended appellate argument. He also failed to show irreparable injury because he could immediately appeal the denial, obtain relief if successful, or appeal a later dismissal if he declined to pay. The remaining factors did not favor requiring the government and the court to expend resources without payment or a finding that Hone qualified under 28 U.S.C. § 1915.

Although it denied the motion, the court set a new deadline of September 11, 2026, for Hone to pay the $405 filing fee. It stated that failure to pay would result in dismissal for failure to prosecute under Rule 41(b) of the Rules of the United States Court of Federal Claims.

Key Takeaways

  • A timely request for an appellate extension still requires a showing of excusable neglect or good cause.
  • A stay pending appeal is an extraordinary remedy governed by the four factors of likelihood of success, irreparable injury, injury to other parties, and the public interest.
  • Hone must pay the $405 filing fee by September 11, 2026, or face dismissal for failure to prosecute.

Why It Matters

The decision underscores that an incarcerated or self-represented litigant does not obtain additional appellate time or a stay merely by expressing an intent to appeal an in forma pauperis ruling. The movant must address the applicable standards with concrete reasons and evidence.

It also illustrates the procedural choices following denial of in forma pauperis status: a litigant may appeal that denial immediately, pay the required fee and continue litigating, or risk a dismissal that may itself be appealed.

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