Crews v. United States

38 Fed. Cl. 10, 1997 U.S. Claims LEXIS 100, 1997 WL 266882
United States Court of Federal Claims·Decided May 13, 1997·No. No. 97-361 C·Published·Cited by 5 cases

Opinion

ORDER

HORN, Judge.

In this motion, plaintiff, acting pro se, asks leave of court to proceed in forma pauperis to pursue a claim for “immediate declaratory judgment” against the United States, apparently in connection with his eviction from an apartment in West Germany, following termination of his employment with the United States Army. For the reasons that follow, plaintiffs complaint is dismissed, and his motion to proceed in forma pauperis is denied.

[12] Although plaintiff does not present a concise statement of facts, allegedly he is a disabled veteran. It appears that he was employed by the United States Army in West Germany, but that the Army terminated him while he was a probationary appointee. Plaintiff appealed the Army’s personnel action dismissing him to the Merit Systems Protection Board. The Merit Systems Protection Board denied Crews’ appeal, 68 M.S.P.R. 159 (1995) (table), and the United States Court of Appeals for the Federal Circuit affirmed. 77 F.3d 502 (Fed.Cir.1996) (table).

According to plaintiffs submission, on June 13, 1996, plaintiff and his wife were evicted from their apartment in West Germany and their personal property was seized by a German Marshall. Plaintiff appears to seek a declaratory judgment upholding his “rights acquired by judgment,” and $25,000,-000. 00 in “exemplary damages” as a result of defendant’s alleged violation of plaintiffs rights to “job reinstatement, promotional rights, back pay, renewed travel agreement with housing allowance, and transfer due to violating workers compensation rights.” Finally, plaintiff demands that the court adjudge:

(1) That none of the Defendants are entitled to recover from plaintiff the amount of said damages or any part thereof.
(2) That the “Defendants pay to plaintiff the cost of this action.
(3) That Plaintiff have such other and further relief as is just.

In order to provide access to this court to those who cannot pay the requisite filing fees (including those mandated by Rule 77(k) of the Rules of the United States Court of Federal Claims (RCFC)), 28 U.S.C. § 1915 (1994)1 traditionally has permitted a court of the United States to allow a plaintiff to file a complaint without payment of fees or securityAs recently amended, 28 U.S.C. § 1915 now provides:

(a)(1) Subject to subsection (b), any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceedings, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affiant’s belief that the person is entitled to redress.

28 U.S.C. § 1915(a) (1994), as amended Act of April 26, 1996, Pub.L. No. 106-134, Title VIII, § 804(a), (c) and (e), 110 Stat. 1321-73, 1321-74, renumbered Title I, May 2, 1996, Pub.L. No. 104-140, § 1(a), 110 Stat. 1327 (emphasis added).2 The use of the word “prisoner” in the amended version of § 1915, instead of the word “person” in the phrase “that includes a statement of all assets such prisoner possesses,” might be read to limit application of the statute permitting in for-ma pauperis filings in federal courts to prisoners only. Logic dictates rejection of such a reading. Moreover, based on established rules of statutory interpretation, this court must construe each part of a statute in connection with all the other sections, so as to produce a harmonious whole. Massachusetts v. Morash, 490 U.S. 107, 115, 109 S.Ct. 1668, 1673, 104 L.Ed.2d 98 (1989). As stated by the United States Supreme Court:

On numerous occasions we have noted that “ ‘ “ ‘[i]n expounding a statute, we must not be guided by a single sentence or member of a sentence, but look to the provisions of the whole law, and to its object and policy.’ ” ’ ” Kelly v. Robinson, 479 U.S. 36, 43 [107 S.Ct. 353, 357-58, 93 L.Ed.2d 216] (1986), quoting Offshore Logistics, Inc. v. [13] Tallentire, 477 U.S. 207, 221 [106 S.Ct. 2485, 2493, 91 L.Ed.2d 174] (1986) (quoting Mastro Plastics Corp. v. NLRB, 350 U.S. 270, 285 [76 S.Ct. 349, 359, 100 L.Ed. 309] (1956) (in turn quoting United States v. Heirs of Boisdore, 8 How. 113, 122, 12 L.Ed. 1009 (1849))).

Pilot Life Ins. Co. v. Dedeaux, 481 U.S. 41, 51, 107 S.Ct. 1549, 1555, 95 L.Ed.2d 39 (1987). Furthermore, the court may resort to legislative history when interpreting a statute if a literal interpretation would lead to an incongruous result. Reid v. Department of Commerce, 793 F.2d 277 (Fed.Cir. 1986):

For example, if a literal reading of the statute would impute to congress an irrational purpose, United States v. Bryan, 339 U.S. 323, 338, 70 S.Ct. 724, 734, 94 L.Ed. 884 (1950), or would thwart the obvious purpose of the statute, Trans Alaska Pipeline Rate Cases, 436 U.S. 631, 643, 98 S.Ct. 2053, 2061, 56 L.Ed.2d 591 (1978), or would lead to a result at variance with the policy of the legislation as a whole, Trustees of Indiana University v. United States, 618 F.2d 736, 739, 223 Ct.Cl. 88, 94 (1980), then literal interpretation will be eschewed in favor of resort to the legislative history to ascertain the intent of Congress. United States v. Oregon, 366 U.S. [643] at 648, 81 S.Ct. [1278] at 1281 [6 L.Ed.2d 575 (1961)], 2A Sands § 46.07.

Id. at 281-82.

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Crews v. United States, 38 Fed. Cl. 10, 1997 U.S. Claims LEXIS 100, 1997 WL 266882 (uscfc 1997).

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