Addams-More v. United States

81 Fed. Cl. 312, 2008 U.S. Claims LEXIS 141, 2008 WL 763069
CourtUnited States Court of Federal Claims
DecidedMarch 20, 2008
DocketNo. 07-649C
StatusPublished
Cited by13 cases

This text of 81 Fed. Cl. 312 (Addams-More v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Addams-More v. United States, 81 Fed. Cl. 312, 2008 U.S. Claims LEXIS 141, 2008 WL 763069 (uscfc 2008).

Opinion

OPINION

EMILY C. HEWITT, Judge.

I. Background

Pro se plaintiff Marti Addams-More filed a complaint with this court on September 4, 2007, alleging that defendant breached its “fiduciary duties of the trustee obligation” with regard to the disbursement of Social Security funds. Plaintiffs Complaint (Pl.’s Compl. or Complaint) 2. On November 5, 2007, defendant electronically filed Defendant’s Motion to Dismiss For Lack of Subject Matter Jurisdiction (Def.’s Mot. or defendant’s motion). Pursuant to an order by this court, see Order of Dec. 6, 2007, defendant filed paper copies of defendant’s motion on December 10, 2007. Plaintiff filed Plaintiffs Response to Defendant’s Motion Under Rule 12(b)(1) Subject Matter Jurisdiction for Dismissal (Pl.’s Resp. or plaintiffs response) on November 29, 2007. Defendant filed Defendant’s Reply to Plaintiffs Response to Defendant’s Motion to Dismiss for Lack of Subject Matter Jurisdiction (Def.’s Reply or defendant’s reply) on December 13, 2007. For the reasons stated below, defendant’s motion is GRANTED.

II. Discussion

A. Legal Standards

The question of subject matter jurisdiction is a threshold issue that must be determined at the outset of a case. Steel Co. v. Citizens for a Better Env't 523 U.S. 83, 94-95, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998); PODS, Inc. v. Porta Stor, Inc., 484 F.3d 1359, 1365 (Fed.Cir.2007). Once the court’s jurisdiction is challenged, the plaintiff bears the burden of establishing that jurisdiction is proper. McNutt v. Gen. Motors Acceptance Corp., 298 U.S. 178, 189, 56 S.Ct. 780, 80 L.Ed. 1135 (1936); Alder Terrace, Inc. v. United States, 161 F.3d 1372, 1377 (1998). “If the court finds that it lacks jurisdiction over the subject matter, it must dismiss the claim.” Matthews v. United States, 72 Fed.Cl. 274, 278 (2006) (citations omitted); see RCFC 12(h)(3).

The jurisdiction of the United States Court of Federal Claims is set forth in the [314]*314Tucker Act, 28 U.S.C. § 1491 (2006). This court “shall have jurisdiction to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.” 28 U.S.C. § 1491(a)(1). The Tucker Act itself does not create any substantive right of recovery against the United States. United States v. Testan, 424 U.S. 392, 398, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). Rather, the Tucker Act confers jurisdiction upon the Court of Federal Claims only when there is an existing substantive right to money currently due and owing. Id. “Money currently due and owing” is “money that is claimed to be due from the government under the terms of a particular statute or regulation or money alleged to have been improperly collected from the claimant by the government.” Roberta B. v. United States, 61 Fed.Cl. 631, 634-35 (2004) (citing Eastport S.S. Corp. v. United States, 178 Ct.Cl. 599, 372 F.2d 1002, 1007 (1967)). Thus, in order for the court to grant relief, there must exist a violation of a money-mandating statute or regulation.

B. Plaintiff Does Not Meet the Jurisdictional Prerequisite for Suit Brought Pursuant to the Tucker Act

Defendant argues that plaintiff “alleges claims that this Court does not possess jurisdiction to entertain.” Def.’s Mot. 1. Specifically, defendant states that “[t]he gravamen of Ms. Addams-More’s complaint appears to be the assertion that she has been denied social security benefits.” Id. Defendant argues that the court “does not possess jurisdiction to entertain claims related to social security benefits.” Id. at 5 (citing Marcus v. United States, 909 F.2d 1470, 1471 (Fed.Cir.1990) (“Construing appellant’s pleading in a light most favorable to him, that is, as a claim for social security disability benefits, we hold that the Claims Court has no jurisdiction under the Tucker Act ... over claims to social security benefits____”)).

Plaintiff responds to defendant’s motion with what appears to be a summary of her complaint:

Plaintiff alleges the [Social Security Act] ... of 1935 created ‘Federal Old Age Benefits’ (and) ‘Public Health’ trust funds; U.S. trustee, holding trust property subject to the trust, for benefit of qualified beneficiaries. Trust Res cannot be a mere expectancy without right or interest: such interest is in the nature of a property right. She alleges U.S. trustee has mismanaged methodology in payments to vendor/providers via unproven, disputed definitions^] which generatef ] doublet-]dipping. Plaintiffs vitamin deficiency symptoms were misdetermined [sic]; engendering a negative profile that limited her income. Her widow’s benefits awarded 1994 $1311 are far less than her earnings had she completed her Ph.D. The income/property and systemic methodology mismanagement waste of trust assets constitute a breach of U.S. trustee fiduciary duty owed her under [Social Security Act] et al[.] statutes and implementing regulations.

Pl.’s Resp. 1 (emphases and capitalization omitted). In direct response to defendant’s argument that the court lacks jurisdiction to hear plaintiffs claims, plaintiff states:

Whether U.S. Court of Claims has jurisdiction via [28 U.S.C. § ] 1491 money damages, over $10,000; trust common law jurisdictional standing of U.S. as [Social Security Act] Trustee, under federal statutes, regulations permitting a certain sum, and whether said agencies function as instrumentality of the federal government— regulatory taking.
Plaintiffs claims do not take from U.S. Treasury but from the waste paid by the Treasury, cited by President Reagan [in] 1981.

Id. (capitalization omitted). Plaintiff concludes her response by stating, “Plaintiff hereby incorporates her complaint, exhibits by reference as if set out in full.” Id. (capitalization omitted). Plaintiff attaches what she claims to be a copy of her complaint to her response. Pl.’s Resp. i-24[sic].

[315]*315The Tucker Act authorizes this court “to render judgment upon any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliq-uidated damages in cases not sounding in tort” only. 28 U.S.C.

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Cite This Page — Counsel Stack

Bluebook (online)
81 Fed. Cl. 312, 2008 U.S. Claims LEXIS 141, 2008 WL 763069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/addams-more-v-united-states-uscfc-2008.