llil@lilill
In the Um'ted States Court of Federal Claims
No. 18-1724C
(Filed: December 19, 2018)
(NOT TO BE PUBLISHED) ******************W******%******** ) WAYNE HALL, )
)
Plaintiff, )
v. )
UNITED STATES, ) )
Defendant. )
*****W****k***********k**********W
Wayne Hall, pro se, Raleigh, NC.
Melissa L. Baker, Trial Attomey, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, D.C., for defendant. With her on the brief Were Joseph H. Hunt, Assistant Attorney General, Civil Division, and Robert E. Kirschman, Jr., Director, and L. Misha Preheirn, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, D.C.
OPINION AND ORI)ER
LETTOW, Senior Judge.
Pending before the court is a motion to dismiss filed by the United States (“the government”) pursuant to Rule lZ(b)(l) and lZ(b)(é) of the Rules of the Court of Federal Claims (“RCFC”). See Def.’s Mot. to Dismiss (“Def.’s Mot.”), ECF No. 6. Because this court lacks subj ect~matter jurisdiction over the complaint and Mr. Hall has failed to state a claim for Which relief can be granted, the government’s motion to dismiss the complaint is GRANTED.
BACKGROUND
The overall gist of Mr. Hall’s complaint is that the “[S]tate of North Carolina failed to protect [hirn] from being defrauded and extorted by not acknowledging [his] right to life, liberty, and the pursuit of happiness.” Compl. at 2. This “failure” by North Carolina appears to arise from an “illegal[] foreclose[ure]” action instituted by MetLife and J.P. Morgan Chase Bank. Compl. at 2. The complaint alleges that the two private companies “conspired to defraud [him] of [his] land . . . and [did] not disclos[e] the contract to [hirn] Which [he] signed.” Compi. at 2.
7|]1? 1450 |][|C|[] LE|L+F= EE\'E\|J
Mr. Hall claims that he was forced “through threat, duress, and coercion to turn over [his] land to Someone who claims to own [his] land with no factual evidence besides a deed.” Compl. at 2. Because of this, he seeks his “land back as well as the maxim[um] penalties allowed by laW.” Compl. at 2.
ln prior litigation in this court, Mr. Hall alleged a variety of constitutional challenges against the United States for acts such as “l
STANDARDS F()R DECISION Rule l 2 (b) (1) - Lack ofSubject-Mafter Jur'isdiction
The Tucl463 U.S. 206, 216 (1983); Unitea’ States v. Tesl'an, 424 U.S. 392, 398 (1976)). lf a plaintiff fails to raise a claim under a money-mandating provision, this court “should [dismiss] for lack of subject matter jurisdiction.” Jcm ’s Helicopter Serv., Inc. v. Fedeml Aviaiz'on Admfn., 525 F.3d 1299, 1308 (Fed. Cir. 2008) (quoting Greenlee Cc‘y. v. Unirea’ States, 487 F.3d 871, 876 (Fed. Cir. 2007)).
A claim in this court is “barred unless the petition thereon is filed within six years after such claim first accrues.” 28 U.S.C. § 2501. This six-year statute of limitations is jurisdictional John R. Sand & vael Co. v. United States, 552 U.S. 130, 136 (2008).
Mr. Hall, as plaintiff, must establish jurisdiction by a preponderance of the evidence. Trusted Integration, Inc. v. United States, 659 F.3d 1159, 1163 (Fed. Cir. 2011) (citing Reynolds v. Army & Afr Force Exch. Serv., 846 F.2d 746, 748 (Fed. Cir. 1988)). When ruling on a motion to dismiss for lack ofjurisdiction, the court must “accept as true all undisputed facts asserted in the plaintiffs complaint and draw all reasonable inferences in favor of the plaintiff.” Id. (citing Henke v. Unic‘ed States, 60 F.3d 795, 797 (Ped. Cir. 1995)). “If a court lacks jurisdiction to decide the merits of a case, dismissal is required as a matter of law.” Gray v. United States, 69 Fed. Cl. 95, 98 (2005) (citing Exparte McCardle, 74 U.S. (7 Wall.) 506, 514 (l868); Thoen v. Urzited Srares, 765 F.2d 1110, 1116 (Fed. Cir. 1985)); see also RCFC 12(h)(3) (“lf the court
determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”). Rule ]2(£))(6) ~ Failure to State a Claimfor which Reliefcan be G'rantea’
Under Rule l2(b)(6), a complaint that “faii[s] to state a claim upon which relief can be granted” must be dismissed RCFC 12(b)(6). To survive a motion invoking Rule 12(b)(6), a plaintiff’ s complaint must “contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.”’ Ashcroj? v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). The court is bound “to take the well-pleaded factual allegations in the complaint as true.” Papasan v. Allain, 478 U.S. 265, 283 (1986); see also Cambridge v. United Smtes, 558 F.3d 133l, 1335 (Fed. Cir. 2009). “However, regardless of whether the plaintiff is proceeding pro se or is represented by counsel, ‘conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss.”’ McZeal v. Sprint Nextel Corp., 501 F.3d 1354, 1356 (Fed. Cir. 2007) (internal citations omitted).
ANALYSIS
The government asks the court to dismiss the complaint because l\/lr. Hall “alleges wrongdoing by the state ofNorth Carolina only, and not the United States.” Def.’s Mot. at l. The government further contends that the “unquantified damages Mr.
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llil@lilill
In the Um'ted States Court of Federal Claims
No. 18-1724C
(Filed: December 19, 2018)
(NOT TO BE PUBLISHED) ******************W******%******** ) WAYNE HALL, )
)
Plaintiff, )
v. )
UNITED STATES, ) )
Defendant. )
*****W****k***********k**********W
Wayne Hall, pro se, Raleigh, NC.
Melissa L. Baker, Trial Attomey, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, D.C., for defendant. With her on the brief Were Joseph H. Hunt, Assistant Attorney General, Civil Division, and Robert E. Kirschman, Jr., Director, and L. Misha Preheirn, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, D.C.
OPINION AND ORI)ER
LETTOW, Senior Judge.
Pending before the court is a motion to dismiss filed by the United States (“the government”) pursuant to Rule lZ(b)(l) and lZ(b)(é) of the Rules of the Court of Federal Claims (“RCFC”). See Def.’s Mot. to Dismiss (“Def.’s Mot.”), ECF No. 6. Because this court lacks subj ect~matter jurisdiction over the complaint and Mr. Hall has failed to state a claim for Which relief can be granted, the government’s motion to dismiss the complaint is GRANTED.
BACKGROUND
The overall gist of Mr. Hall’s complaint is that the “[S]tate of North Carolina failed to protect [hirn] from being defrauded and extorted by not acknowledging [his] right to life, liberty, and the pursuit of happiness.” Compl. at 2. This “failure” by North Carolina appears to arise from an “illegal[] foreclose[ure]” action instituted by MetLife and J.P. Morgan Chase Bank. Compl. at 2. The complaint alleges that the two private companies “conspired to defraud [him] of [his] land . . . and [did] not disclos[e] the contract to [hirn] Which [he] signed.” Compi. at 2.
7|]1? 1450 |][|C|[] LE|L+F= EE\'E\|J
Mr. Hall claims that he was forced “through threat, duress, and coercion to turn over [his] land to Someone who claims to own [his] land with no factual evidence besides a deed.” Compl. at 2. Because of this, he seeks his “land back as well as the maxim[um] penalties allowed by laW.” Compl. at 2.
ln prior litigation in this court, Mr. Hall alleged a variety of constitutional challenges against the United States for acts such as “l
STANDARDS F()R DECISION Rule l 2 (b) (1) - Lack ofSubject-Mafter Jur'isdiction
The Tucl463 U.S. 206, 216 (1983); Unitea’ States v. Tesl'an, 424 U.S. 392, 398 (1976)). lf a plaintiff fails to raise a claim under a money-mandating provision, this court “should [dismiss] for lack of subject matter jurisdiction.” Jcm ’s Helicopter Serv., Inc. v. Fedeml Aviaiz'on Admfn., 525 F.3d 1299, 1308 (Fed. Cir. 2008) (quoting Greenlee Cc‘y. v. Unirea’ States, 487 F.3d 871, 876 (Fed. Cir. 2007)).
A claim in this court is “barred unless the petition thereon is filed within six years after such claim first accrues.” 28 U.S.C. § 2501. This six-year statute of limitations is jurisdictional John R. Sand & vael Co. v. United States, 552 U.S. 130, 136 (2008).
Mr. Hall, as plaintiff, must establish jurisdiction by a preponderance of the evidence. Trusted Integration, Inc. v. United States, 659 F.3d 1159, 1163 (Fed. Cir. 2011) (citing Reynolds v. Army & Afr Force Exch. Serv., 846 F.2d 746, 748 (Fed. Cir. 1988)). When ruling on a motion to dismiss for lack ofjurisdiction, the court must “accept as true all undisputed facts asserted in the plaintiffs complaint and draw all reasonable inferences in favor of the plaintiff.” Id. (citing Henke v. Unic‘ed States, 60 F.3d 795, 797 (Ped. Cir. 1995)). “If a court lacks jurisdiction to decide the merits of a case, dismissal is required as a matter of law.” Gray v. United States, 69 Fed. Cl. 95, 98 (2005) (citing Exparte McCardle, 74 U.S. (7 Wall.) 506, 514 (l868); Thoen v. Urzited Srares, 765 F.2d 1110, 1116 (Fed. Cir. 1985)); see also RCFC 12(h)(3) (“lf the court
determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”). Rule ]2(£))(6) ~ Failure to State a Claimfor which Reliefcan be G'rantea’
Under Rule l2(b)(6), a complaint that “faii[s] to state a claim upon which relief can be granted” must be dismissed RCFC 12(b)(6). To survive a motion invoking Rule 12(b)(6), a plaintiff’ s complaint must “contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.”’ Ashcroj? v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). The court is bound “to take the well-pleaded factual allegations in the complaint as true.” Papasan v. Allain, 478 U.S. 265, 283 (1986); see also Cambridge v. United Smtes, 558 F.3d 133l, 1335 (Fed. Cir. 2009). “However, regardless of whether the plaintiff is proceeding pro se or is represented by counsel, ‘conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss.”’ McZeal v. Sprint Nextel Corp., 501 F.3d 1354, 1356 (Fed. Cir. 2007) (internal citations omitted).
ANALYSIS
The government asks the court to dismiss the complaint because l\/lr. Hall “alleges wrongdoing by the state ofNorth Carolina only, and not the United States.” Def.’s Mot. at l. The government further contends that the “unquantified damages Mr. Hall alleges are the result of a property dispute between him and a private entity or individual [and] are not based upon an express or implied-in~fact contract with the United States, ora money-mandating provisions of law.” Id. at 1-2.
Rule 12(b)(1) - Lack of Subject-Matter Jurisdiction
As a preliminary matter, Mr. Hall fails to provide “a short and plain statement of the grounds for the court’s jurisdiction,” RCFC 8(a), based on the Tucker Act or otherwise, see Compl. at l', see also Ruther v. United States, No. 18-1110C, 2018 WL 5095451, at *3 (Fed. Cl. Oct. 17, 2018). Instead, Mr. Hall lists a litany of federal provisions, most of which deal with fraud and other financial crimes that are inapposite in this court. Compl. at 1.l Mr. Hall does cite the Tucker Act (28 U.S.C. § 1491), but does not provide any factual basis for why the Tucker Act grants the court jurisdiction to hear his claims.
Additionally, this court may only hear claims against the United States. Mr. Hall solely alleges claims against North Carolina, for its “failure to protect [him] from being defrauded and extorted.” Cornpl. at 2. lt appears that the suit against North Carolina is related to an underlying dispute involving a foreclosure action instituted by MetLife and J.P. Morgan Chase Bank. See Compl. at 2. But regardless, neither North Carolina nor the private parties are within the court’s jurisdiction See 28 U.S.C. § 1491; see also, e.g., Trevino v. United States, 113 Fed. Cl. 204, 208
1For example, l`\/lr. Hall lists 18 U.S.C. § l341, which concerns “frauds and swindles.”
(2013) (“This court does not have jurisdiction over any claims alleged against states, localities, state and local government entities, or state and local government officials and employees; jurisdiction only extends to suits against the United States.”) (citing United Slal‘es v. Sherwooa', 3 l2 U.S. 5 84, 588 (l941)).2 And, although l\/ir. Hall is proceeding pro se, he still has the burden of establishing jurisdiction See Kelly v. Secretary, U.S. Dep ’t ofLabor, 8l2 F.2d 1378, l380 (Fed. Cir. 1987). Therefore, the court determines that l\/Ir. Hall has failed to carry his burden in establishing this court’s jurisdiction over his claim by a preponderance of the evidencel He fails to provide a “short, plain statement of the grounds for the court’s jurisdiction,” does not allege a claim based on a money-mandating provision, and seeks relief against parties over which this court has no power.
Rule 12(b)(6) - Failure to State a Claim for Which Relief Can Be Granted
The court also finds that Mr. Hall fails to state a claim for which relief could be granted. As with jurisdiction, Mr. Hall does not plead any facts that substantiate his claim beyond conclusory statements See Compl. at 2. And, where a plaintiff “has alleged-but . . . has not show[n]--that [he] is entitled to relief,” relief cannot be granted Ashcroft, 556 U.S. at 678 (internal citations omitted). Mr. Hall’s complaint makes vague, conclusory statements about a private dispute between him and the provider of his mortgage Compl. at 2. Thus, even if this court possessed jurisdiction over Mr. Hall’s claim, his complaint would still be dismissed under Rule 12(b)(6) for failure to state a claim for which relief can be grantedl
CONCLUSION For the reasons stated, the government’s motion to dismiss l\/lr. Hall’s complaint is GRANTED pursuant to RCFC l2(b)(l) and l2(b)(6). Mr. Hail’s complaint shall be DlSMlSSED. The clerk shall enter judgment accordinglyl
No costs.
lt is so OR})ERED.
M/;§/
Charles'li(. Lettow Senior Judge
2States also enjoy sovereign immunity, and under the Eleventh Amendment cannot be subjected to private suits in federal courts, absent consent or abrogation by Congress in limited circumstances See U.S. Const. amend XI; see also Ala'en v. Maine, 527 U.S. 706, 712-13, 728 (1999); Hans v. Louisiana, 134 U.S. l, 10, 13, 17 (1890).