Barnard v. United States

120 Fed. Cl. 698, 2015 U.S. Claims LEXIS 412, 2015 WL 1636136
United States Court of Federal Claims·Decided April 7, 2015·No. No. 15-190C·Published

Opinion

Pro Se Plaintiff; In Forma Plaintiff, Pauperis Application; Lack of Subject Matter Jurisdiction. ORDER

HORN, J.

FINDINGS OF FACT

On February 25, 2015, pro se plaintiff, James Edwin Barnard, filed a one page and four line letter/complaint in the United States Court of Federal Claims,1 which was directed to “Officers of Special Masters Office,” and was dated February 16, 2015. The letter begins and ends with “Peace be with you.” The letter is very difficult to follow and, often, less than comprehensible. In the letter, plaintiff claims:

As witnessed on the enclosed orders to a competent court of jurisdiction my Status as Man, Landlord, one of the people, grantor of the benefice and fee, Trinity of mind body and soul, Tribunal of the court of record of final jurisdiction of my sovereign nation state has been recognized by the ancient office of Notary Public.2

Plaintiff then asks that:

the Chief Special Master appoint a Special Master as my representative to investigate the whereabouts of the inheritance left me by my Father and ancestors, and the Kings Revenue currently held in reserve until I, the proper owner appear. For the record, I have appeared, have been searching unsuccessfully myself, all the while being subjected to the disturbance of my peace from any number of lifeless entities.

Plaintiff seeks “assistance, and positive action in recovering my property, setting off the debts of my ancestors and myself, and make available to me this Kings Revenue in a form accepted by all other nations.” Included in his demands, he states: “I am reclaiming dominion over all the earth that Adam & Eve forfeited when they disobeyed Our Creator.” Moreover, he demands that “all lifeless entities, and men who by their own free will consent to being of lower status are to immediately stop disturbing my peace, and trespass against this Superior Sovereign.”

Enclosed with his letter/complaint, plaintiff attaches a copy of his birth certificate, a “Notice of Mistake and Request for Correction,” and an “AFFIDAVIT NOUICOR.” (Apparently, “Notice of Understanding and Intent and Claim of Right”).3 Plaintiffs “AFFIDAVIT NOUICOR” is addressed to “All Public Officials Listed on pgs. 2 & 3 below,” which includes a variety of federal and state officials, and states:

Claimant/Grantor does herein order all de facto agencies of the UNITED STATES [701]*701government and all related and subordinate agencies to disclose the True and Complete Facts and Details of all monetary, currency, and negotiable instrument investments pertaining to the accounts of Grantor that are being, or have been, withheld from ready access by Grantor to be released immediately to Grantor, and avoid Fraud and Deception, as per: Concealing a material fact when there is duty to disclose may be actionable fraud. Universal Inv. Co. v. Sahara Motor Inn, Inc., 619 P.2d 485, 127 Ariz. 213 (Ariz.App.1980)

In his “AFFIDAVIT NOUICOR,” plaintiff seems to claim an “inheritance,” to withheld land, and that “any Certificates of Birth entered into the fictional corporate world of commerce is based on fraud.... ” In plaintiffs “Notice of Mistake and Request for Correction,” he claims all funds, land, and property associated with various private entities, social security numbers, court cases, marriage license numbers, driver’s license numbers, and bank and credit card accounts.

On March 27, 2015, plaintiff also submitted a package of numerous unrelated documents,4 asserting jurisdiction in this court and a right to summary judgment in his favor. These documents are also difficult to follow and contain further rambling, incomprehensible allegations and claims. Plaintiffs attached documents include, for example:

1. Notice for Presiding Judge To Take Judicial Notice.
2. Complaint in the form of a conditional summary judgment document concerning plaintiffs tax liability.
3. Notice to Recorder’s Office referencing plaintiffs alleged property.
4. Various documents regarding plaintiffs tax liability.
5. Court filings referencing a case in Texas State Court.
6. Various federal court documents in earlier eases.
7. Mail referencing a -notice of levy received by plaintiff from an IRS agent.
8. Numerous pages of copies of penal code sections.
9. A petition and complaint in a suit for “DEPRIVATION OF FEDERALLY PROTECTED RIGHTS” in violation of the Texas Penal Code.
10. A document titled “WHY I OWE NO TAXES.”
11. Various mailing certificates.

DISCUSSION

The court recognizes that Mr. Barnard filed his documents pro se, without the benefit of counsel. 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); Matthews v. United States, 750 F.3d 1320, 1322 (Fed.Cir.2014); Diamond v. United States, 115 Fed.Cl. 516, 524 (2014), aff'd, 603 Fed.Appx. 947, 2015 WL 527500 (Fed.Cir. Feb. 10, 2015), petition for cert. filed (U.S. Mar. 23, 2015). “However, “ ‘[tjhere is no duty on the part of the trial court to create a claim which [the plaintiff] has not spelled out in his [or her] pleading.” ’ ” Lengen v. United States, 100 Fed.Cl. 317, 328 (2011) (alterations in original) (quoting 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))); see also Bussie v. United States, 96 Fed.Cl. 89, 94, aff'd, 443 Fed.Appx. 542 (Fed.Cir.2011); Minehan v. United States, 75 Fed.Cl. 249, 253 (2007). “While a pro se plaintiff is held to' a less stringent standard than that of a plaintiff [702]*702represented by an attorney, the pro se plaintiff, nevertheless, bears the burden of establishing the Court’s jurisdiction by a preponderance of the evidence.” Riles v. United States, 93 Fed.Cl. 163, 165 (2010) (citing

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