Hanford v. United States

Federal Circuit

Hanford v. United States

154 Fed. Appx. 216, 2005 U.S. App. LEXIS 24511, 2005 WL 3030973

CourtCourt of Appeals for the Federal Circuit

DecidedNovember 14, 2005

Docket2005-5043

StatusUnpublished

This text of 154 Fed. Appx. 216 (Hanford v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hanford v. United States, 154 Fed. Appx. 216, 2005 U.S. App. LEXIS 24511, 2005 WL 3030973 (Fed. Cir. 2005).

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Opinion

PER CURIAM.

Bartlett J. Hanford seeks review of an order of the United States Court of Federal Claims dismissing his complaint. Hanford v. United States, 63 Fed.Cl. 111 (Fed. Cl. 2004). We affirm.

On March 29, 2004, Hanford filed a complaint seeking relief on seven counts: five claims arising from non-money-mandating constitutional provisions (a Fourth Amendment claim, two Fifth Amendment Due Process claims, a Sixth Amendment claim, and an Article VI Supremacy Clause claim), a takings claim, and a claim to enforce an “Administrative Judgment” purportedly rendered by a state administrative tribunal in California. The trial court dismissed the constitutional claims for lack of subject matter jurisdiction; whether it properly did so is a question of law that we review de novo. See Boyle v. United States, 200 F.3d 1369, 1372 (Fed. Cir.2000). The jurisdictional statutes governing the United States Court of Federal Claims only grant authority to that court to issue judgments for money against the United States, provided that the claims are grounded in a contract or arise pursuant to a money-mandating statute, regulation, or provision of the Constitution. See 28 U.S.C. § 1491; United States v. Testan, 424 U.S. 392, 397, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). Because Hanford’s constitutional claims do not fall within the jurisdictional grant, the trial court properly dismissed those claims for lack of jurisdiction.

We review de novo the trial court’s dismissal of Hanford’s takings claim for failure to state a claim upon which relief can be granted. See Boyle, 200 F.3d at 1372. To support his claim, Hanford alleged that an inspector for the federal Mine Safety and Health Administration (“MSHA”) engaged in actions which caused a 147 day delay in processing his application for a local explosives permit, thereby giving rise to a temporary taking of his mine. The trial court properly found that Hanford failed to state a claim upon which relief can be granted because even if the MSHA inspector’s actions caused the delay, it is insufficient as a matter of law to constitute a temporary taking. See Appolo Fuels, Inc. v. United States, 381 F.3d 1338, 1351 *217 (Fed.Cir.2004). Finally, the trial court properly dismissed his claim to enforce the “Administrative Judgment” because that judgment, even if authentic, was not rendered pursuant to any waiver of sovereign immunity by the United States government, meaning it had no legal effect. See, e.g., Lane v. Pena, 518 U.S. 187, 192, 116 S.Ct. 2092,135 L.Ed.2d 486 (1996).

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PER CURIAM.

Bartlett J. Hanford seeks review of an order of the United States Court of Federal Claims dismissing his complaint. Hanford v. United States, 63 Fed.Cl. 111 (Fed. Cl. 2004). We affirm.

On March 29, 2004, Hanford filed a complaint seeking relief on seven counts: five claims arising from non-money-mandating constitutional provisions (a Fourth Amendment claim, two Fifth Amendment Due Process claims, a Sixth Amendment claim, and an Article VI Supremacy Clause claim), a takings claim, and a claim to enforce an “Administrative Judgment” purportedly rendered by a state administrative tribunal in California. The trial court dismissed the constitutional claims for lack of subject matter jurisdiction; whether it properly did so is a question of law that we review de novo. See Boyle v. United States, 200 F.3d 1369, 1372 (Fed. Cir.2000). The jurisdictional statutes governing the United States Court of Federal Claims only grant authority to that court to issue judgments for money against the United States, provided that the claims are grounded in a contract or arise pursuant to a money-mandating statute, regulation, or provision of the Constitution. See 28 U.S.C. § 1491; United States v. Testan, 424 U.S. 392, 397, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). Because Hanford’s constitutional claims do not fall within the jurisdictional grant, the trial court properly dismissed those claims for lack of jurisdiction.

We review de novo the trial court’s dismissal of Hanford’s takings claim for failure to state a claim upon which relief can be granted. See Boyle, 200 F.3d at 1372. To support his claim, Hanford alleged that an inspector for the federal Mine Safety and Health Administration (“MSHA”) engaged in actions which caused a 147 day delay in processing his application for a local explosives permit, thereby giving rise to a temporary taking of his mine. The trial court properly found that Hanford failed to state a claim upon which relief can be granted because even if the MSHA inspector’s actions caused the delay, it is insufficient as a matter of law to constitute a temporary taking. See Appolo Fuels, Inc. v. United States, 381 F.3d 1338, 1351 *217 (Fed.Cir.2004). Finally, the trial court properly dismissed his claim to enforce the “Administrative Judgment” because that judgment, even if authentic, was not rendered pursuant to any waiver of sovereign immunity by the United States government, meaning it had no legal effect. See, e.g., Lane v. Pena, 518 U.S. 187, 192, 116 S.Ct. 2092,135 L.Ed.2d 486 (1996).

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154 Fed. Appx. 216, 2005 U.S. App. LEXIS 24511, 2005 WL 3030973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanford-v-united-states-cafc-2005.

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