Griffin v. United States

96 Fed. Cl. 1, 2010 U.S. Claims LEXIS 906, 2010 WL 4871495
United States Court of Federal Claims·Decided December 1, 2010·No. No. 10-803 C·Published·Cited by 37 cases

Opinion

OPINION AND ORDER

HEWITT, Chief Judge.

Before the court is plaintiffs Complaint (Compl.), filed November 12, 2010, Docket Number l.1 The Complaint was captioned by plaintiff as follows: “United States of America ex. rel. Derrick Devon Griffin, Plaintiffs [sic] v. State of Florida, Incorporated and Municapl [sic] Corporations (Counties); Judicial Ministers[;] Chief Justice of Florida Supreme Court ...; Chief Judge of the Florida District Court of Appeals ...; Chief Judge of the Circuit/County Court ...; Administrative Counsels[;] State of Florida Attorney General ...; State Attorney’s [sic] ...; Third Persons ...; Chief Clerk of the Florida Supreme Court ...; Chief Clerk of the District Court of Appeals ...; Chief [4] Clerk of the Circuit/ County Court ... [,] Defendant(s).”23 Compl. 1-2. The official caption of the case was supplied by the office of the Clerk of Court in conformance with Rule 10(a) of the Rules of the United States Court of Federal Claims (RCFC), which states that “[t]he title of the complaint must name all parties ... with the United States designated as the party defendant.” RCFC 10(a).

For the following reasons, the court DISMISSES plaintiffs Complaint pursuant to RCFC 12(h)(3), which states that “if the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.” RCFC 12(h)(3).

1. Background

Pro se plaintiff Derrick Devon Griffin (plaintiff or Mr. Griffin) asserts that he is filing his Complaint “on behalf of the United States of America,” Compl. 4, 6, 16; see also Compl. 1 (showing the caption of the case as “United States of America ex. rel. Derrick Devon Griffin”), against the State of Florida, all of the counties in Florida, and numerous state and county officials and employees, Compl. 1-2. Mr. Griffin cites the False Claims Act, 31 U.S.C. §§ 3729-3733 (2006), see Compl. 2, 9, 10, and appears to allege that the state and counties have “defrauded the United States” by permitting judges, state attorneys, sheriffs, clerks, and other state and county employees to perform their jobs and earn wages without first taking a valid oath of office. See Compl. 6-15. Mr. Griffin requests that the court “[djeclare that Florida Statute § 876.05-§ 876.10 requirement is still mandatory,” Compl. 14, “[djeclare that Florida Statute § 99.021 requirement is still mandatory,” Compl. 14, “[djeclare that Florida Statute § 105.031(4)(b) requirements [are] still mandatory,” Compl. 14, declare the employment contracts of various state and local employees void, see Compl. 15, and require Florida to “reimburse the United States of America’s Federal Treasury,” Compl. 15.

II. Legal Standards

A. Dismissal for Lack of Subject Matter Jurisdiction

“Subject-matter jurisdiction may be challenged at any time by the parties or by the court sua sponte.” Folden v. United States, 379 F.3d 1344, 1354 (Fed.Cir.2004) (citing Fanning, Phillips & Molnar v. West, 160 F.3d 717, 720 (Fed.Cir.1998)); see also Metabolite Labs., Inc. v. Lab. Corp. of Am. Holdings, 370 F.3d 1354, 1369 (Fed.Cir.2004) (“Subject matter jurisdiction is an inquiry that this court must raise sua sponte, even where, as here, neither party has raised this issue.”) (citing Textile Prods., Inc., v. Mead Corp., 134 F.3d 1481, 1485 (Fed.Cir.1998)). “In deciding whether there is subject-matter jurisdiction, ‘the allegations stated in the complaint are taken as trae and jurisdiction is decided on the face of the pleadings.’” Folden, 379 F.3d at 1354 (quoting Shearin v. United States, 992 F.2d 1195, 1195-96 (Fed.Cir.1993)). Although complaints filed by pro se plaintiffs are generally held to “less stringent standards than formal pleadings drafted by lawyers,” Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), pro se plaintiffs nevertheless must meet jurisdictional requirements, Bernard v. United States, 59 Fed.Cl. 497, 499, aff'd, 98 Fed.Appx. 860 (Fed.Cir.2004) (unpublished). If the court determines that it does not have subject matter jurisdiction, it must dismiss the claim. RCFC 12(h)(3).

The Tucker Act establishes and limits the jurisdiction of the United States Court of Federal Claims (Court of Federal Claims). 28 U.S.C. § 1491 (2006). The Tucker Act provides that this court has jurisdiction over “any claim against the United States founded either upon the Constitution, or any Act of Congress or any regulation of an executive department, or upon any express or implied contract with the United States, or for liquidated or unliquidated dam[5] ages in cases not sounding in tort.” 28 U.S.C. § 1491(a)(1) (emphasis added). The Tucker Act provides the waiver of sovereign immunity necessary for a plaintiff to sue the United States for money damages. United States v. Mitchell, 463 U.S. 206, 212, 103 S.Ct. 2961, 77 L.Ed.2d 580 (1983). Accordingly, the Tucker Act provides the court with jurisdiction over suits “against the United States.” 28 U.S.C. § 1491(a)(1). However, the Tucker Act does not confer any substantive rights upon a plaintiff. United States v. Testan, 424 U.S. 392, 398-401, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). A plaintiff must establish an independent substantive right to money damages from the United States, that is, a money-mandating source within a contract, regulation, statute or constitutional provision itself, in order for the case to proceed. Jan’s Helicopter Serv., Inc. v. Fed. Aviation Admin., 525 F.3d 1299, 1306 (Fed.Cir.2008).

B. Transfer for Lack of Subject Matter Jurisdiction

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Griffin v. United States, 96 Fed. Cl. 1, 2010 U.S. Claims LEXIS 906, 2010 WL 4871495 (uscfc 2010).

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