Fries v. United States

• Court: Court of Appeals for the Federal Circuit
• Decided: August 12, 2016
• Docket: 16-1242
• Status: Unpublished

Opinion

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

RICHARD G. FRIES, JR., Plaintiff-Appellant

v.

UNITED STATES, Defendant-Appellee ______________________

2016-1242 ______________________

Appeal from the United States Court of Federal Claims in No. 1:15-cv-00758-TCW, Judge Thomas C. Wheeler. …………………………………………………………..

2016-1304 ______________________ 2 FRIES v. US

Appeal from the United States Court of Federal Claims in No. 1:15-cv-00647-TCW, Judge Thomas C. Wheeler. ______________________

Decided: August 12, 2016 ______________________

RICHARD G. FRIES, JR., Atlantic Beach, FL, pro se.

AARON WOODWARD, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, for defendant-appellee in 16-1242. RENEE GERBER, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washing- ton, DC, for defendant-appellee in 16-1304. Also repre- sented by BENJAMIN C. MIZER, ROBERT E. KIRSCHMAN, JR., FRANKLIN E. WHITE, JR., DONALD E. KINNER. ______________________

Before NEWMAN, SCHALL, and CHEN, Circuit Judges. PER CURIAM. Richard G. Fries appeals the dismissal of these ac- tions by the Court of Federal Claims, as not within that court’s jurisdiction, or for failure to state a claim on which relief can be granted. Appeal No. 2016-1242 relates to Mr. Fries’ contention that an unnamed third party was the victim of a dental scam, and requests damages in the amount of 2.5 million dollars. Such a cause of action, sounding in tort, is not within the jurisdiction of the Court of Federal Claims. Appeal No. 2016-1304 concerns various allegations regarding drug testing, searches and seizures, and Mr. Fries’ credit rating. Again, the Court of Federal Claims correctly held that Mr. Fries has not stated a cause within the jurisdiction of that court. FRIES v. US 3

The dismissals are AFFIRMED. No costs.