Akinro v. United States

91 Fed. Cl. 650, 2010 U.S. Claims LEXIS 98, 2010 WL 621839
CourtUnited States Court of Federal Claims
DecidedFebruary 17, 2010
DocketNo. 10-10C
StatusPublished
Cited by8 cases

This text of 91 Fed. Cl. 650 (Akinro 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
Akinro v. United States, 91 Fed. Cl. 650, 2010 U.S. Claims LEXIS 98, 2010 WL 621839 (uscfc 2010).

Opinion

OPINION

HORN, Judge.

The plaintiff, Francis Akinro, filed a complaint in this court on January 5, 2010, together with an application to proceed in for-ma pauperis, accompanied by a supporting declaration. Plaintiff requests to proceed in forma pauperis because he “have [sic] work very hard in the past weeks and because of different litigation he is pursing [sic] which require a lot of money to prosecute and the money peoples [sic] monitoring him take directly from his bank account which cannot be recovered.” Both plaintiffs application to proceed informa pauperis and the plaintiffs complaint are difficult to follow, and the complaint is repetitive. Moreover, the complaint fails to raise issues over which the United States Court of Federal Claims has jurisdiction. Plaintiffs complaint lists as defendants “U.S. Postal Office Los Angeles County and others.” “Others” referenced in the complaint include “Mrs. Ehiloa ‘Iya Idowu’, Post[652]*652master Cheryl,1 Mr. Laide Badejo, Mr. Joseph Taye Badejo, Mrs. Abina ‘Iya Ojewoye’, Mrs. Brandley ‘Iya Adugbo Relative’, Mrs. Diana, Mrs. Winebrene ‘Iya Osho or Iya Adugbo’, Mr. Donald Winebrene ‘Iya Osho brother of Head Of Indian Demon Library Power’, Mrs. Abiye Ijalana, Mrs. Williams ‘Iya Alake’ Mrs. Latisha, Mrs. Latisha Father, Mrs. Latisha Mother,” all of whom Mr. Akinro demands be sentenced to thirty years imprisonment each “for intercept [sic] with the delivery of my mails, stole and still stealing all the money and certificates anybody may send to me in the mail the money worth billions and trillions of dollars.... ” In his complaint, Mr. Akinro also alleges injury by Mr. Catherine C. Blake, a United States District Judge, Ms. Kike Adeshina; the police of Hawthorne, California; the Inglewood Superior Court Sheriffs Department; and all Presidents of the United States, including and following Bill Clinton.

Because the plaintiff has filed the complaint pro se, and he is entitled to liberal construction of the pleadings by the court, the court construes plaintiffs claim to be against the United States for purposes of its review. All claims in the United States Court of Federal Claims must have “the United States designated as the party defendant....” Rule 10(a), Rules of the United States Court of Federal Claims (RCFC).

Mr. Akinro’s allegations also include that after he moved to California, numerous individuals including “Mrs. Cheryl the postmaster,” entered into blood oaths to prevent the plaintiff from collecting his mail. Additionally, “Mrs. Ehiloa ‘Iya Idowu’ ” “bargain[ed] with my neighbor [sic] Latisha family to be [sic] beating me up whenever I may go out to wait for postmaster to collect my mail” and “[t]he Police at Hawthorne [California] will even joined [sic] them to aid [sic] my beating up and drive back to my apartment.” Mrs. Ehiloa also allegedly entered into blood oaths with three additional people “to be taking my mail immediately [sic] they drop it in the mail box to their hiding places [sic] at Lagos[,j Nigeria through their monitoring [sic] spirit road [sic] the road which they can use to reach Lagos in a second and come back to the United States in a second.” The result was allegedly “billions of trillion [sic] of dollars in the mail address [sic] to me” that the plaintiff was unable to collect. Mr. Akinro demands “Nine Hundred Thousand Trillions dollar [sic] ($900, 000, Trillions Dollars),” “Nine Hundred Trillions [sic] Dollars” and “Nine Hundred Trillion Dollars” at different points in his complaint as compensatory damages. He asks the court to award him either the nine hundred trillion dollars or the nine hundred quadrillion dollars “from the account President Barack Obama given [sic] to U.S. Post Office Central Post Office of Los Angeles County to be given to their staffs and customer [sic] at los Angeles.”

Mr. Adnro alleges that the defendants: do not believe he and his family are human beings, hates him being in the United State [sic] and are “[deceiving the rest of America by claiming my family land at ‘Oloogburu’ in Iyere-Owo[,] Nigeria as them spirit world and were [sic] the president of [sic] United States is using [sic] as a place to be broadcasting to America as [sic] White House of United States starting from President Bill Clinton and the President after him.”

Mr. Adnro also claims that the defendants have:

intercept [sic] with the delivery of my mails, stole and still stealing all the money and certificates anybody may send to me in the mail the money worth billions of trillions of dollars in violating of 15 U.S.C. Section 17 Sherman Antitrust Act of July 02,1890 eh. 647, 26 stat 209 as provided for U.S. government to investigate and pursue trusts, companies and organization [sic] suspected of violating the act which was the first Federal statute to limit Carte [sic] and monopolies for interstates [sic] commerce.

Plaintiff further claims that the defendants have engaged in deceptive trade practices, breach of contract and misrepresentation and that he is the victim of “[h]arassment and torture by Mrs. Ehiola ‘Iya Idowu’ which [653]*653postmaster Cheryl started delivery [sic] my mail to from April 2009 till present in order for peoples [sic] from Ibo tribes from Nigeria to get rich and to prevent me from receiving any money or certificate in the mail so as to ruin my market.”

DISCUSSION

When determining whether a complaint filed by a pro se plaintiff is sufficient to invoke review by a court, pro se plaintiffs are entitled to liberal construction of their pleadings. See Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652 (requiring that allegations contained in a pro se complaint be held to “less stringent standards than formal pleadings drafted by lawyers”), reh’g denied, 405 U.S. 948, 92 S.Ct. 963, 30 L.Ed.2d 819 (1972); see also Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007); Hughes v. Rowe, 449 U.S. 5, 9-10, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980); Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), reh’g denied, 429 U.S. 1066, 97 S.Ct. 798, 50 L.Ed.2d 785 (1977). However, “there is no ‘duty [on the part] of the trial court ... to create a claim which [plaintiff] has not spelled out in his [or her] pleading....’” Scogin v. United States, 33 Fed.Cl. 285, 293 (1995) (quoting Clark v. Nat’l Travelers Life Ins. Co., 518 F.2d 1167, 1169 (6th Cir.1975)) (alterations in original); see also Minehan v. United States, 75 Fed.Cl. 249, 253 (2007).

“Subject-matter jurisdiction may be challenged at any time by the parties or by the court s'iia sponte.” Folden v. United States, 379 F.3d 1344, 1354 (Fed.Cir.), reh’g and reh’g en banc denied (Fed.Cir.2004), cert. denied, 545 U.S. 1127, 125 S.Ct. 2935, 162 L.Ed.2d 865 (2005); see also Arbaugh v. Y & H Corp., 546 U.S. 500, 506, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006); Rick’s Mushroom Serv., Inc. v. United States,

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Cite This Page — Counsel Stack

Bluebook (online)
91 Fed. Cl. 650, 2010 U.S. Claims LEXIS 98, 2010 WL 621839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/akinro-v-united-states-uscfc-2010.