Fullard v. United States

78 Fed. Cl. 294, 2007 U.S. Claims LEXIS 284, 2007 WL 2519007
United States Court of Federal Claims·Decided August 31, 2007·No. No. 07-542C·Published·Cited by 41 cases

Opinion

OPINION AND ORDER

SWEENEY, Judge.

Before the court is plaintiffs pro se complaint (“Complaint” or “Compl.”) seeking a court-appointed attorney and monetary and injunctive relief. Plaintiff alleges that defendant violated the Civil Rights Act of 1871, 42 U.S.C. §§ 1988, 1985(3), 1986 (1988) (the “Civil Rights Act”), by “intentionally, recklessly, willfully and wantonly causing] an unnecessary deployment of the Judicial System with implication [sic] actions that violated the Constitution, and fraud.”1 Compl. 1. He further asserts that defendant deprived him of his rights under the Fifth, Eleventh, and Fourteenth Amendments of the United States Constitution. Id. Plaintiff also submits an application to proceed informa pauperis (“Application”), which the court will deny because, as explained below, plaintiff does not meet the statutory requirements set forth in 28 U.S.C. § 1915 (2000) (“Section 1915”). The court deems it unnecessary to await a response from defendant regarding plaintiffs Complaint. For the reasons set forth below, the court dismisses plaintiffs Complaint without prejudice.

I. BACKGROUND

James A. Fullard, Sr. is currently incarcerated at the North Branch Correctional Institution (“North Branch”) located in Cumberland, Maryland. The present case is plaintiffs third attempt to obtain relief from the United States Court of Federal Claims (“Court of Federal Claims”).

On April 20, 2007, plaintiff filed a pro se, handwritten complaint (“First Complaint”) in this court against the Honorable Catherine Blake of the United States District Court for the District of Maryland (“U.S. District Court of Maryland”). See Fullard v. Blake, No. 07-247C, Order (Fed.Cl. Apr. 30, 2007) (“Fullard Order”). Plaintiffs First Complaint asserted claims against Judge Blake based on “the Sherman Act in lieu unto [sic] Civil Rights Act of 1871, 42 U.S.C. §§ 1983, 1985(3), 1986 (1988)” and other United States Code sections for “(1) reckless or callous indifference to the [sic] federally protected rights; (2) actual malicious intent; (3) conduct is [sic] motivated by evil intent; [and] (4) deprived [sic] of First, Fifth, Eighth, and Fourteenth Amendments.” Fullard v. Blake, No. 07-247C, Complaint at 1 (Fed.Cl. Apr. 20, 2007). Plaintiff sought $6.5 million in damages and injunctive relief. Fullard [296]*296Order at 1. Ten days after its filing, the court dismissed the First Complaint for lack of subject matter jurisdiction. Id. at 1-2.

On June 12, 2007, plaintiff filed a second pro se, handwritten complaint (“Second Complaint”) in the Court of Federal Claims. It too was dismissed for lack of jurisdiction. See Fullard v. United States, 77 Fed.Cl. 226, 231 (2007). In his Second Complaint, plaintiff asserted that his attorney, Roland Walker, lied when responding to plaintiffs request for a copy of a certain transcript.2 Id. at 227. According to plaintiff, Mr. Walker told him that no transcript existed at the time of their conversation when, in fact, it did. Id. Plaintiff then accused Mr. Walker, Judge Blake, the Clerk of the U.S. District Court of Maryland, Felicia Cannon, and the “prosecutor for Baltimore City,” Patricia Jessamy, of conspiring to alter the transcript of plaintiffs 2001 criminal trial, thereby obstructing justice. Fullard, 77 Fed.Cl. at 227. Plaintiff also sought to proceed in forma pauperis, but the court denied his application because plaintiff failed to comply with Section 1915. Id. at 228.

On July 16, 2007, plaintiff filed the instant pro se Complaint.3 Although the United States is named as the defendant in the caption, once again, the handwritten Complaint alleges wrongdoing by neither the federal government, nor any other federal entity. In his Complaint, plaintiff avers:

[Pjlaintiff brings this action against the government of the District of Maryland in conjunction with the Sherman Act in lieu unto [sic] Civil Rights Act of 1871, 42 U.S.C. §§ 1983, 1985(3), 1986 (1988). Here plaintiff has yet to be convicted within the means of the arbiter of the United States, and withstating [sic] the provision in:
(1) intentionally, recklessly, willfully and wantonly caused [sic] an unnecessary deployment of the Judicial System with implication [sic] actions that violated the Constitution, fraud; and
(2) deprived [sic] of Fifth, Eleventh, and Fourteenth Amendment Rights.

Compl. 1. In support of Ms averments, plaintiff states the following:

Each state is required to produce a government to facilitate the President of the United States in maintaining the appropriate action without the blessing inasmuch [sic]. However, the President of the United States has control over every mainstream behavior, and under circumstance [sic] determine the fact unto each conviction. In the wake of a [capital] offense, the President would give the government of said state the final work in carrying] out an execution. Prisoners of the United States are the responsibility of the President, thus the government within that District must administer the appropriate law to each individual accordly [sic]. The government receive[s] a progress report on each person convicted of a crime [no] matter of the situation. Every prisoner goes into a database in reference of [sic] the crime they have committed for future possibility of being pardonfed]. However, the governor could not determine this fate, but the governor is responsible for maintaining the operation of each facility within their [sic] jurisdiction.4 ... This action arose out of confrontation between the government and plaintiff.... The administration [297]*297has yet to prove beyond a reasonable doubt this conviction.

Id. at 2 (footnote added). Plaintiff then alleges that the trial judge, defense attorney, and state’s attorney conspired to alter the transcript of his 2001 criminal proceeding.5 Id. Plaintiff also implies that he did not receive a fair hearing on the merits of his petition for habeas corpus in the U.S. District Court of Maryland. Id. at 3. Plaintiff invokes the United States Supreme Court’s (“Supreme Court”) two-part test to determine whether a case is ripe and indicates “[t]he issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claim. Indeed it may appear on the face of the pleadings that a recovery is very remote and unlikely but that is not the test.” Id. On the page of the Complaint titled “Relief Sought,” plaintiff requests a court-appointed attorney, injunctive relief, and monetary damages in the amount of $1,250,000.6 Id. at 5.

II. APPLICATION TO PROCEED IN FORMA PAUPERIS

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Fullard v. United States, 78 Fed. Cl. 294, 2007 U.S. Claims LEXIS 284, 2007 WL 2519007 (uscfc 2007).

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