Hall v. United States

91 Fed. Cl. 762, 2010 U.S. Claims LEXIS 93, 2010 WL 723779
CourtUnited States Court of Federal Claims
DecidedFebruary 23, 2010
DocketNo. 09-629 C
StatusPublished
Cited by9 cases

This text of 91 Fed. Cl. 762 (Hall v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. United States, 91 Fed. Cl. 762, 2010 U.S. Claims LEXIS 93, 2010 WL 723779 (uscfc 2010).

Opinion

OPINION AND ORDER

SWEENEY, Judge.

Before the court are plaintiffs application to proceed in forma pauperis and the government’s motion to dismiss. In this case, pro se plaintiff Melvin Hugh Hall, an inmate at a high-security correctional facility in Coleman, Florida, alleges that he sustained “injuries against his rights” when individuals employed by the Federal Bureau of Prisons (“Bureau”) confiscated documents he attempted to mail to the Superior Court of Liberty County in Hinesville, Georgia. Compl. 2-3. The government moves, pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”), to dismiss the complaint for lack of subject matter jurisdiction, contending that plaintiffs claims sound in tort. Although the court afforded plaintiff ample opportunity — over two months — to respond to the government’s motion, he did not do so, and the court determines that, given plaintiffs silence, there is no reason to delay its ruling. For the reasons discussed below, plaintiffs application to proceed in forma pauperis is granted and the government’s motion is granted.

I. BACKGROUND1

On November 24, 2008, plaintiff attempted to mail a “large brown envelpe [sic] containing Commercial U.C.C. Documents” to the Superior Court of Liberty County in Hines-ville, Georgia. Compl. 3; see also Compl. Ex. E (explaining that the documents included a security agreement, a hold harmless agreement, a copyright notice, and a power of attorney); Compl. Exs. H-J (reproducing the first pages of these documents). Plaintiff alleges that he handed this envelope, together with a “Form 24” withdrawal slip in the amount of $50.50, to a Bureau employee. Compl. 3; see also Compl. Ex. C (containing a November 26, 2008 letter from plaintiff to Robin Bell, Deputy Clerk of the Superior Court of Liberty County, Georgia, indicating-payment of $50.50 “to cover cost of recording”). Thereafter, on December 16, 2008, plaintiff claims that “court recording fees w[ere] taken from [his] inmate account via form 24.” Compl. 3. According to plaintiff, his “Form 24” was voided on December 18, 2008, at which time his account reflected a credit of $50.50. Id. Plaintiff claims that his documents were not returned to him. Id.

[766]*766On January 5, 2009, plaintiff submitted an “Inmate Request to Staff’ addressed to an employee in the Cashier’s Office of the Bureau and requested information as to what happened to his documents. Compl. Ex. D. Plaintiff apparently learned on January 7, 2009, that his documents were turned over to Jeffrey Campbell, a supervisory attorney in the Bureau’s regional office in Atlanta. Compl. 3. A handwritten explanation in the “disposition” portion of plaintiffs “Inmate Request to Staff’ form indicates that plaintiffs “documents were forwarded to the U.S. Attorneys Office for your possible prosecution.” Compl. Ex. D.

In a letter addressed to Mr. Campbell on January 12, 2009, plaintiff asserted that “these documents do not pertain to you nor the [Bureau] in any manner” and requested their return. Compl. Ex. E. On January 20, 2009, plaintiff submitted an “Inmate Request to Staff” form to Susan Church, a Bureau accounting supervisor, wherein plaintiff alleged that Mr. Campbell conspired, along with the Bureau’s accounting office, to steal his documents and prevent their filing.2 Compl. Ex. F at 1; see also id. at 2 (alleging a “conspiracy and theft of Commercial Instruments”). Maintaining that Mr. Campbell was involved in a criminal conspiracy to steal his documents “from a legal mail depository conduit and Obstruct the Registering thereof,” plaintiff, on March 12, 2009, filed an administrative tort claim with the Office of Risk Management in Washington, DC. Compl. 4; see also Compl. Ex. L (containing a May 1, 2009 acknowledgment of receipt of plaintiff’s administrative tort claim by the Bureau’s regional office). In his administrative tort claim, plaintiff sought monetary damages in the amount of $10,000,000.00 for alleged personal injuries. Compl. Ex. M at 1.

In his complaint, plaintiff admonishes the Bureau for referring his administrative tort claim to Mr. Campbell, whom plaintiff claims “is a Criminal Defendant in this cause” and has been improperly tasked with investigating his own alleged criminal conduct. Compl. 4. On August 27, 2009, Mr. Campbell denied plaintiffs administrative tort claim, explaining, in part:

As to your claim staff conspired to steal and take your “legal documents/commercial instruments to U.C.C. filings from a government designated mail depository,” there is no evidence to support your claim. In this particular case, Business Office staff received your request for withdrawal of funds in the amount of $50.50, along with documents that appeared to be an attempt on your part to file commercial invoices and/or liens. The items were confiscated and the money returned to your account. However, upon completion of the investigation and a determination that you were not attempting to file a lien against a law enforcement officer, the items are now returned to you.3

Compl. Ex. M at 1-2 (footnote added). Plaintiff alleges that he received his documents on September 1, 2009. Compl. 4.

Plaintiff, who filed his complaint in the United States Coui’t of Federal Claims (“Court of Federal Claims”) on September 25, 2009, requests that the court prosecute Mr. Campbell and Ms. Church “for their criminal actions committed against” him. Id. at 6. Specifically, plaintiff alleges that these Bureau employees violated five sections of title 18 of the United States Code: sections 241 (conspiracy against rights), 242 (deprivation of rights under color of law), 1621 (perjury), 1703 (delay or destruction of mail), and 1708 (theft or receipt of stolen mail). Id. He seeks money damages in the amount of $46,000.00. Id.

II. APPLICATION TO PROCEED IN FORMA PAUPERIS

Plaintiff submitted an application to proceed in forma pawperis. Congress enacted the Prison Litigation Reform Act of 1995 [767]*767(“PLRA”), Pub.L. No. 104-134, 110 Stat. 1326 (1996) (codified in relevant part at 28 U.S.C. § 1915 (2006)), in order “to curtail inmate litigation,” Floyd v. U.S. Postal Serv., 105 F.3d 274, 275 (6th Cir.1997), superseded by rule on other grounds as stated in Callihan v. Schneider, 178 F.3d 800 (6th Cir.1999). Section 1915 provides, in part:

(a)(1) Subject to subsection (b), any coui't of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, 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.4 Such affidavit shall state the nature of the action, defense or appeal and affiant’s belief that the person is entitled to redress.

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Bluebook (online)
91 Fed. Cl. 762, 2010 U.S. Claims LEXIS 93, 2010 WL 723779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-united-states-uscfc-2010.