Bullock v. United States

• Court: United States Court of Federal Claims
• Decided: June 22, 2015
• Docket: 15-570
• Status: Published

Opinion

ORIGINAL

Sin the flHniteh 5mm anurt of ertieral @IfliIHfi-ED

No. 15-5700 Filed: June 22, 2015 JUN 2 2 2915 0.3. counr * a; * * t * a: w w 9: 4: * it e DALLAS MATTHEW ALSTON- * BULLOCK, . . I I * m g Plaintiff; I_n Forma Plamtlff, * Pauperis Application; Lack v_ of Subject Matter * Jurisdiction.

UNITED STATES, *

Defendant. *

Dallas Matthew Alston-Bullock, Norlina, NC, mg as.

Sean A. Siekkinen, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington. DC, for the defendant. With him were Robert E. Kirschman, Jr., Director. and Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Commercial Litigation Branch, Civil Division, Washington, DC.

ORDER

On June 4. 2015, plaintiff Dallas Matthew Alston-Bullock filed a one and one-third page, handwritten p_r_q s_e letter in the United States Court of Federal Claims, along with an application to proceed in forma gaugeris, to which he attached a trust fund account statement from the North Carolina Department of Public Safety.

The full complaint reads as follows:1

1) I Dallas Bullock claim and demand a Judgment, against the United States. In an amount of $ 400,000 for an unjust conviction and Imprisonment. Which was given to me by way of plea, Which I was tricked and that is unjust. My lawyer took my trust in him and used it against me. He knew by me trusting in him I would not question him, about what I was signing.

1 Capitalization, gram mar, spelling and punctuation errors are quoted in this Order as they appear in plaintiff's submissions.

2) i was given 240 manihs and a miximum cf 2?!) manths far Second Dagrea Murder an mafia. Which it} the most 1 shouid have been charged with1 An acwssory charge! The weapon that was hissed as mine came back without my fingerprintg,

3) They gave me an aggravating faster under 15A«1340.16 marked as number 15. On my Sheet which says i tack advantage {if a pasition; of trust or canfidenae, including a domestia: relatimiship, ta: wmmit tha cffans. Which I had nevei seen or meettfie gazing man before in my iife. My Lawyer done it} me what they are saying l (10% to that mung man. Which makas me nut knawingiy Signing a Plea if he would haired {aid me, i would nut have sign the Plaza under these gmuncis, gauas 1 did nut knew the yaung man

4) They gave me a Piea of Guiiiy' of Sewnd Degree Murder an 1319398 the (3,8, No is 14—1? Commgn Law. {F332 This was very unjust tu me and my Family cause i ham been put here, Unjusfly and faisiy under grounds i knew mining abcut. I put my trust is“: my iawyar which i shmuld mt have done, I reaiiy thought he was trying :9 heip me hut was mt.

Thank yau very marsh Dallas Builcgk 06?6654

is?

The court recognizes that piainiiff is prcceeding gm ,3; withaut the assistance 9f caunsei. When datemining whether a mmpiaini filed by a gig §§ piaintifi is sufficient in: invoke review by a caurt, mg; g plaintiff's are entitled to liberal constructien of their pieadings. figs; Haines v. Kemer: 40¢ US. 519, 520—21 (requiring that aliegatimng cantained in a 93 gg aompiaint be hale! ta “133$ stringent standards than farmer! pleatiings drafted by iawyerg”}, Mdenied, 405 Ufi. 948 (19‘52); flaw; Ericksen v. Pardusi 551 US. 89; 94 (200?); Hughes v“ Rawe, 449 US. 5, 3-10 (1980); Esteiie v. Gamble? 429 US, 9?, 106 (1976343113, denied, 429 L13. 1866 {19??); Matthews v. United States! ?58 123:2! 73213, 1322 (Fed. Cir. 2014}; Diamond v. United States‘ 115 Fad. CL 516. 524, fig, 2015 W. 52%(38 (Fedx Cir, Feb. 10, 2015}. m denied, 135 S. Ct, “1909 {2015i “Hawaiian “Where is no duty on the“: part of the trial mud: to creme a claim which [the piaintiff] has not speilad nut in his [or her] pleading-“ anger: v. United States, 1G6 Fed: CL 31?: 328 (2611) (alterations in ariginal} (gusting mm, 33 Fed. CL 285, 293 {1995} {taunting Qiark v. Nat’i Travelers Life 1:15, 00., 518 PM 1167, 1189 (6th Sir. 197’5)»; gag gig; Bussia v, United States, 96 Fed. Ci, 89} 94, m, 443 F, App‘x 542 (Fed. Cir. 2(311}; Minehan at. United Estates. '35 Fed- Cl. 2491 253 (200?). “While a 959 gig plaintiff is heici it: a less stririgeni standard than that of a plaintiff represented by an attorney, the: 311:; g plaintiff, naverthaiess, bears the burden 3f establishing the Caurt‘s jurisdiaiiori by a preponderance 0f ihe evicience.“ Riies v. United States, 93 Fad. Cl. 163, 165 (2016) (citing Hughes vi Reuse; 44$; US. at Q and Mrm, 363 F.3d i352 1359 (Fed. Gin) ("Piaintifi‘ hams the burden 0f showing jurisdicticn by a

prepcnderance of the evidence"), {gig m @111 gr} Mr; denied (Fed. Cir. 2002)); gag Egg Shelkofskg v, United States, 119 Fed. Cir 133, 139 {2014) (“While the mud may excuse ambiguitiea in a pro Se: plaintiff’s camplalnt‘ the court ‘dces net excuse [a campiaint’s] failures.” {quoting Henke v. United States; SQ F.3d 3’95, 1’99 (Fed. (Dir= 1995)); Harris; v‘ Unfit-ad States, 113 Fed, Cl. 290, 292 (2013) (“Although plaintiff‘s pleadings: are: held to a less stringani standard, such leniency ‘with respect to mare formalities dues nut relieve the burden in meat jurisdictional requirements.“ (quelling Minehan v. United States, 7"5 Fad. CL at 253)).

Even granting; the more liberal canstruatim aficrded tax 952 fig plaintiffs, it is net clear fmm the asgerticns in Mr. Bullock’s vague afid confused complaint what wmuld be the basis for this caurt’s jurisdictian. lt is wall efitabllshed that “‘subject~matter jurisdiction. because it involves a muffs power to hear a case, can never be {Melted or waived.” Arbaugh v‘ Y 8; H 00:2, 548 US. 500, 514 {2006} (quoting United States v. Gotten, 535 LLS. 625, 830 (2802)). “(Flederal mums have: an independent abligatian t0 ensure that may :30 mi exaeed the escape of their jurisdictian, and therefora they must raise: and. decide jurisdictional queaticns that the parties either ouerimk er elect not ta pram” Hendgrsen ex rel. Hendersm v. Shinseki, 131 8. Ct. 119?, 1202 (2311}; gag; gm Gunzalez v. Thaler, 132 S, Ct. 6411 648 (2912) (“When a requirement gaes to subjacl~ matter jurisdicticn, mum are abligated to: mnsider sua sponte issues that the partiag have disclaimer! Qr have not presehted.“}; Hertz {3mg v. Friend, 559 US. '37, 94 (2010} (“Canada have an independent obligation t0 determine whether subject-matter jurisdiction exists, even when he party challenges it.” (citing krbaugh vr Y & H (3mg, 546 11.3 at 514)}; Sgecial Devlgeéi 1mm DEA, Inc.‘ 269 Elm 1340, 1342 (Fed, Cir. 2001) (“[295] smurf: has a duty to inquire into its jurisdiction tr;- hear and decide a case.” (citing Jahannse% Pay Less Drug Stores Nrfim, 918 F29 188, 161 (Fed, Cir. 19%»); View Eng’g, Inc‘ v, Robutic Vigiun 32$” Incl: 115 F.3d 962, 963 (Fed: Cir. 1997} (“[Clourts must always [oak to their jurisdictiam whether the parties raise the issua or not"), “ijecticns it: a tribunals jurisdiction can be raised at any time: even by a party that once conceded the tribunals subjectnmatter jurisdiction over the: cuntmversyf gaggellus \r. Auburn Reg’l Mgr}; flu 133 s. Ct. 81?, 824 [2813); mafigfirbaugh m Y & H Corg‘. $46 US. 31506 (“The Objestien that a federal ccurt lacks subjectumatterjurisdiction . . , may be raised by a party. or by a caurt an its own initiative! at any Mega in the litigation, even after trial and {he army cfjudgment."): £3 . l; {fines Land {3 .. LLJS. at ilniiefifiates; 6Q?” Fad 1360, 136:: m (Fed. Cir 2812} (“An abjectian tn a court‘3 subject matterjurisdictiun can be raised by any party or the; court at any stage 131’ litigatian, including after trial and the antry 0f judgmant,“ (citing Arbaugh v. Y & H {30:9, 548 £18. at 5064)?)21; gigEiMushmom gear”~ Inc. v._ Lgnited 81mg; 521 £31 133% 1346 {Fed Cir. 2308) {*[AJny party may challange, or the mud may raisa 511a $p0nte, subject matter jurisdicticn at any timel” (citing Arfiaugh v, Y 8: H (30:2,, 543 US. at 506); Falden 3:. United States, 379 F.3d' 1344, 1354 {Fed Cit}, Lem m m §£ Lag; denied (Fad! Ell: 2004), gm denied, 545 L13, 1127" {2005}; and Faming, Philligs & Molnar v. West, 168 F.3zzl 71?, fit) (Fed? Gir. 19%»); Pikuiin v4 Unitad States, 97’ Fed. Cl. 71: “X6, aggeai dismissed, 425 R firpp’x £562 (Fed, Cir. 2011), In fact, “lslubject matte-r jurisdiction is an inquiry that this mum must raise sua sponte, even where . . . neither parry has rai$ed this issue.“ Malamute MW of Am Haldings, 3% F.3d “1354, 1369 {Fed Cir“ 269%} {siting Textile Prods, Incl v. (3113391

Corg,_. 134 First} 1481? 1435 (Peal. Cir), m danied 5% gr; m suggestion dammed (Fad, Gin). m denied, 525 1.1.8. 823:19933),@bjg§3g1§3:ggg M denied (Fed. Cir‘ 2084}: 9% granted L11 3% m 9311; Lab, Gem. of Am. Holdings v. Metabolite Labs., Inc” 548 US. 9??) (2&05'}, 533:1; dismissed g imgmvidentlg grantad, 548 LLS. 124 (2006)); m gig; Avid ldentificatianws‘ygfl inc. 9: Qfgsjgj lmgort Corg, 603 F.3d Q61 971 (Fed. Cir.) (“Thi3 Court must always datermine for itself whether it has jurisdiction to hear the case befch it, ever: when the pariies dc: mi raise or wniest the lama“), {gig gag [gig gig Wdeniea 614 F.3d 1839 (Fed. Cir. 20163), (dank-ide 131 3. Ct. 909 {2011).

Pursuant to “the Radar: of the United 3mm»: Cmurt cf Federal Claims (RCPC) and the Faderal Rules 0f Cile Proaedure, a piaintifi med on-iy state in the mmpiaint “a Short and plain statement 91’ the grounds for the mus‘t’s jurisdiction,” and “a shark and plain statement of the claim shawing that the pleader is entitled {<3 relief." RCFC Biali‘l), (2) (2014); Fed. R. Cw. P. 86am), {2) (2015}; ggg ,afig Ashcroft v. igbal, 556‘ US, 662, 8??— ?8 (2099) (citing Bell Ail Gargygkmgmgigfi 558 1.1.8 544, 555-157: 5%) {2939?}; ‘Dafarminatian of jurisdiction starts with tha mmplaini, which must be wellmpleaded in that it must state the necessary filaments {if that giainlii’fs claim‘ independent a? any defame that may be intarposed.” Halley v. United States, 1'24 [53:3 1462, 1465 {Fed Girl) (citing _flgm§glgx_8d. v. {30min Laborera Vamticn Twat 463 US. 1 (1983)}, m denied (Fed. Cir. 19%); ggg gig; Kiamath Tribe Claims 60mm. v, united States, Q? Feel. Cl. 203, 298 {2311); GonzalechCaulley Irw, Gig, 1m. v. United States. 93 Fed, Cl, ?"l£i, 713 (2019)“ “Ccnclussry allegations of law and unwarranted inferences cf iaci dc: not suffice to supper: a claim“ Bradley v. Chimn (39:99.; 136 PEG 1817, 132.2 (Fed. Cir. 1998); gang fig McZaal v. Sgrint Nexiai (30:9, 591 F.3d 1354, 1363 n.9 (Fed. Cir. 200?) iDyk, J” wncurring in part, dissenting in part} {quoting C. Wright and A. Millarl Federal Practice and Procedura § 1.286 (3:! ed. 2034}; “A piaintiff’s factual allegatians muss: ‘raise a right to: relief above the speculative ievel’ and crass lite line fram conceivable in plaualhlaf" :[hree 8 Consulting 31, United States, 104 Fed. Cl. 510, 523 {2012) {quoting Bell Ail. ngg u, Twomblg, 550 US. at 555), am, 562 F. App‘x “964 {Fed GEL), {fig denied (Fed. Cir. 2014}. As siaiad in Ashcmfi vi lgbal, “[a] pleading that offers ‘labels and canclusions" or ‘a formulaic recitaticm of the elements cf 3 cause of actian will mi: do" 556 US. at 555. Nor dues a compiainl; suffice if it tenders ’maked assertionfsf devcici of ‘further factual enhancement!” flgflcmfi u. lgbal, 556 US. at W3 (quoting gall Ail. {Sara 1;, Twmfigig? 550 US. at 555),.

The Tucker Act grants jurisdizztian to this court as fallews:

The United States Cour! of Federal Claims shall have jurisdiction t0 render judgment uptm any claim against the United States faundad either upnn the Constitution or any Act (if Congress 01' any regulation 0f an executiva department, or 1.1an any express Cir implied contract with tha United States, 01‘fo liquidated 9r unliquidated damages in cases not saunding in tart.

28 £3.36. § i491{a)(1) {21312}. As interpreted by the United Estates Supreme Gear; the Tucker Act waives souareign immunity ta alltzwjurisdiction aver claims against the United States {1) founded on an exprass er implied mutant with the United States, (2) waking

a refund tram a pridr payment made is the gnuemment, or (3) based on federal Cdnptitutional, statutnry, 0r regulatdry law mandating campensation by the federal guvernrnent far damages sustained, SL319, United States v. Navajo Natidn, 556 US. 28?, 289—96 {203%}: United States v. Mitchell, 463 US. 2136, 216 {1983); gag glgg greening Chic}, Rriz. v, United States, 48? F ,3d 8T1, 8‘55 (Fed, Cir), Leljg and @1113 en banc gigging, (Fed, Cir. 260?), in. denied, 552 LLS, 1142 {29nd}; Palmer v. United States, 188 F ,3d 1310, 1314 (Fed, Cir. 1QQQ).

“Nat every claim invoking the Cnnstitutinn, a federal statute, car a regulation is cdgnizable under the Tucker Act. The claim must be one for maney damages against the Unith States , . , United States v. Mitchell, 463 LLS, at 2163; $19 mumttad States 1;. White Mnuntain Apache Tribe, 53? LLS. 465, 4?.2 (2003); Smith tr. United States, T09 F.3d 1114, 1116 (Fed. Cit}, 93:1; denied, 134 S. Ct. 259 (2013); RadipShack Carp. v. grilled States, 568 F.3d 1358, 1380 (Fed, Cir. ZGGQ); Rick’s Mushrddrn Sew. Inc. United States, 521 F.3d at 1343 (“[P]Iaintiff must i , . identify a substantive SDUl’CS pf law that creates the right in rescuers! pf mane}! damages against the United 3131263,”); Q‘gldgn 5:, United am, 118 Fed. Cl. 764, ?68 (2014),. in Ontarin PBWBF Generatinn. Inc, in United States, the United States Court cf Appeals far the Federal Circuit identified three types of monetary claimd for which jurisdictinn is lndged in the United States Caurt of Federal Elaims. The spurt wrdte:

The underlying manetary alaims are pf three types. . . . First, claims alleging the existence at a cantract between the plaintiff and tha gnuernrnent fall within the Tucker Act’s waiver . . . . Secdnd, the Tucker net’s waiver encompasses claims- where “the plaintiff has paid maney {rarer to the Government, directly er in effect, and SEEKS return at all or part at that sum,” Eastpdrt 8,8, warp. 3;. United States, 1?8 Qt. Cl, 5%, 605—06,] 3% Ffid [1092,] WOT—{‘38 [(1953] (describing illegal exactldn claims as claims “in which the Gnuernmant has the citizen‘s money in its packet” (quoting Blapp v, United States, 12? Ct, CI. 505, 11? F, Supp, STE, 586 (1954)) . . . , Third, the Cnurt df Federal Claims has jurisdictien over these claims whare “money has not been paid but the plaintiff asserts that he is neuerthaless entitled tn :5: paymant frdm the treasury." Eastpdrt 8,5,, 372 F.2d at 1302?, Claims in this third category, where no payment has been made to the gavernment, either directly er in effedt, require that the “particular provisidn at law railed upnn grants the plaimant, expressly or by implicatinn, a right in be paid a certain sum.” EL; §§§ @153 llJnited States v, Western, 424 LLS. [392,] 401432 [19?6] (“Where the United Staten is the defendant and the plaintiff is nut suing fer mdney improperly exacted 0r retained, the basin 0f the federal swim—whether it be the Constitutinn, a statute, er a regulatipn— dues npt create a cause pf action far mnney damages unless, as the Cpurt 91‘ Claims has stated, that basis :in itself , , . can fairly be interpreted as mandating compensatinn by the Federal Government for the damage sustained.” (ducting Eastpnrt 8,8,, 3?? F.2d at 180%); This category is summarily referred ta as claims draught under a “mnney—mandating“ statute,

.Qntario Power Genaratiom Inc, v. Uniied flakes, Slag Ffld 1298, 1301 {Fad Cir“ 2004'); mMng. of Saddle Brook v. Unigzggfim, 1'34 Fed. Cl. 1015 106 (2012),

Although Mr. Bulidck’s brief letter states that plaintiff is seeking “'3 Judgment, against the United States." in the amount di $408,009,00, Mri Bulldck’s substantive claims appear id be directed against the State 91“ Math Carmina and thd Ndrth Cardlina state courts in which he was demoted. This mud, hdwever, lacks jurisdiciidn over claima against the state {if North Carmina or the Ndrth Carmina warts. The United States Supreme Cdur’t has intimated that far guitS filed in the United Stated Court df Federal Claims and its prededddsom, “W the: relief sought is against athde than the United States the suit ad id them must be ignored as beydnd the iurisdiciinn of the mud." United Siates v. Sherwood, 312 US. 584, 588 (1941) (imitation remitted). Stdtdd difierentiy, “ihe only premier defenders? for any matter before thid court is the Unitad States, net its dimers; hear any diher individualf’ Wigwam vi United State}; 58 Fed. Cl. 186‘. “190 (2083} (emphdgis in originai); gag gig}; United States v, Shemocd, 3’12 US. at 588. Thus: the court duds not have jurisdictidn over plaintiff’s grievances against the Slade of North Carolina, dr its public; instituticns. m SGUdBI‘S is. SAC; Pub. Sew. mi 49? F.3d 1303, 1308 (Fed. Oil: 200?); Reid 3:. United States, 95 Fed. Cl. 243, 24-8 {2619} (“The Cami df Federal Claims cities; not have jurisdiction id hear plaintiff‘s claims naming states, iocaiitias, state govarnmen‘i agencies, local gdvernmani agancies and private individuals and entities as defendants."}; Gharb vi united States, 112 Fed. Cl. 94‘ $38 (2313} (quoting Shaihdub v. United Stated; 75 Fed. Cl. 584, 585 (2907) (“When a plaintiff‘s mmpiaint names: drivate parties, dr atate agencies, rather than federal agencies, this court has nd jurisdictidr‘r id hear these aiiegd‘tiorrs.”’)}; Waddsrm v. Uniiad Statds, 89 Fed- Cl, 640, 649 (2009) (citing .figlhoub v. United Smi 75 Fed, Ci" at 585}.

Only the United States Supreme det may review the dddisidns df 3*:th warts, and the Supreme Cdurt may only do 86 after a state’s highest odurt has rendered a final decisidn, §§§ 28 U.S.C. § 125? {2012} ("Final judgments dr decrees rendered by the highest cam d’r’ a State in which a decision could be had. may be reviewed by the $upreme Cdurt‘ by writ 9f cedidrdri i . . ."i; Districtdf €deme gdfiuri 0f Apgfiaia v, Feldman? #60 U3. 462, 482 (1983}; 390er v. Fidi Trust (30., 263 US 413, 418 {1923); ggg gig: Mara v. United States, 118 Fed. Cl “2'13, ?16(2{314} (“[TJhis mud: does not ham jurisdictidn to review the decisions df state mum: federal bankrudta‘y warts, federal district courts! dr federal din-suit warts cf 399683.”); Jimn v. United States, 118 Fed. Cl. 190, 200 {2014} (citing thnsan v. Way Cool Mfg, L.L.C., 20 F. Appix 895, 897 (Fed. Cir. 2031)), As none of plaintiff‘s claims are made against the United States, this cam lacks jurisdictidn ever his mmpiaini.

T0 the extent that Mr. Bullack may be; raising a claim of ineffective assistance of cdunsel and a violation cf his rights under the Sixth Amendment to the United States th-diitutidn, the claim is ndt one ever which the man: has jurisdiction. Th3 Sixth Amendment is nd‘i moneymahdating and? thereidre, jurisdietidn to review these claims dares not lie: in this damn. Egg Dugm v, United States, 229 Ct Cl. 706, “$08 {1981) {finding that the court lacks juriddidiion over plaintiff’s sixth Amandment claims because the Sixth

Amendment is nut moneymandating}; Turgin u. Uhitgd State‘s, 11$ Feel. CL 1’04. 7t}? (2015) ("To the extant that Mall Turpin’s complaint brings constitutichal challengas under , , l the Sixth Amendment: the Court gamut hear such claims , . . . a’3; Gable v. United States, ms Fact Cl. 294, 298 (2012) ('“[T]he United Statea Cuurt 0? Federal Claimu dues not have jurisdiction ta adjudicate the alleged vielatiuns at Plaintiff’s Sixth Amendment rights, because that canstitutienal pruvision is nut muneyvmandatihg.”}; Treece v. United States, 96 Fed“ (3|. 226, 231 (2310} (citing Milas v. United States, 42 Fed. (El. 704, $10 (1999) {fintling that the Sixth Amendmeht is net money~mandating)); Smith v. Uhited States? 51 Fed. Cl, 35.. 38t2001} (internal citatians emitted} (finding that the Court at Federal Claims lacks juriadlctiun aver Sixth amendment ineffective agsistance of counsel claims); fit; 36 R #43333 444 {Feet {Elli}, gm denied {Fed Cirjl maimed, 53?“ UB. 1010 (2002).

Although Mr. Bulluck suggests in his complaint that he was uniustly convicted! the jurisdiction at this cuurt alsu dues nut include the power in review criminal canvictiuns. Siva; Jushua LUnited States, 1?“ F.3d 3'38, 33% (Fed. Cir. 1994}; Lott vi United States, it Ci. Ct. 852, 85263 {WW}; gag gig; Conger v. United States, 184 Fed, Ci. 3061 312 (2012); Dethlels. v. Unith States, 80 Fed. CI. 818, 814 {2004} (citing Lucas at. Unith 3tates, 228 Ct. {31. 862, 86-3 {i981 l); Humghl‘eg v. United Stateg, 52 Fed. Cl. 593.. 598 (2092} (“This Court has rm authurity ta rue-examine in detail the facts surruunding a canvlctiun or imprisonment; such matters: are within the sale discretiun 0f the appmpriate {uSually district} cuurt 0r executive uflicer with tha autharity to reverse, set amide, 9r pardun a claimant's uriglhal cuhvictiunl”), ml 60 F. Appix 292 (Fed Cir, 2803). Theta-lime? the murt lack$ {ha jurisdictiun t0 whsider plaintist apparent unjust conviction htaim.

Along with i115 mg §§ uumpfaint plaintiff submitted all applicatiuh ta pummel it} furma gaugerigt asuet‘ting that he is unable to pay the required filing fees, and requssting waivur of court casts and fees. On his applicatiun, plaintiff indicates, that he is not employed, has not received income from any swine in the last twelve mahths, and has no: cash or maney in any bank accauntu, nut clues he own any real egtate, stocks, at other valuable assets. Mr; Bullock’s applicatiuh further indicates that he is presently in prism. Plaintiff included a trust fund accuunt statament fmm the North Catalina Department at Public Safety. covering the six-munth period prim“ t0 the filing at hi5 cumplaiht, along with his application tu pmceed [l3 farma pguggfig,

In antler in preside access ta this court ta thase who cannut pay the filing fees mandated by RCFG ??.t(c) {2014): the statute at 28 11.313. § 1915 permits a murt to alluw plaintififi to file a complaint withuut payment at fees at security under certain circumstancea The standard in 28 U.S,Cy § 1915(a}(1) for Lu forma gaugeris eligibility is “unable is: pay such fees 9: give security therefor.“ Determinatiun at what constitutes “unable it) pay" or unable it) “give slacurity theretun" and; literature, whether to allow a plaintiff ta pruceed in tantra gaugeris, l3 left its the discretien at the: presiding judge. based on the information submitted by the plaintiff or plaintiffs. m. 512%, fiawlahu v, Calyflggfis; Catchy, Unit ll Men’s Advisary Council. 506 11.3. 1&4, 21?~18 (“1993); Fuentes ui United

States, 100 Fed. CI. 85, 92 (2011). In Fiebelkorn v. United States, the United States Court of Federal Claims indicated:

[T]he threshold for a motion to proceed ifl forma pauperis is not high: The statute requires that the applicant be “unable to pay such fees.” 28 U.S.C. § 1915(a)(1). To be “unable to pay such fees” means that paying such fees would constitute a serious hardship on the plaintiff, not that such payment would render plaintiff destitute.

Fiebelkorn v. United States, 77 Fed. Cl. 59, 62 (2007); E alfl Hayes v. United States, 71 Fed. Cl. 366, 369 (2006). Although Mr. Bullock’s income level might qualify him for in forma pauperis relief, as discussed above, his complaint is being dismissed for lack of jurisdiction.

For the foregoing reasons, the plaintiff's complaint is DISMISSED. The Clerk of the Court shall enter JUDGMENT consistent with this Order.

IT IS SO ORDERED.

MARIAN BLANK HORN Judge