Howell v. United States

Court of Claims

Howell v. United States

230 Ct. Cl. 816, 1982 U.S. Ct. Cl. LEXIS 105, 1982 WL 25190

CourtUnited States Court of Claims

DecidedMarch 12, 1982

DocketNo. 668-81C

StatusPublished

Cited by2 cases

This text of 230 Ct. Cl. 816 (Howell v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Howell v. United States, 230 Ct. Cl. 816, 1982 U.S. Ct. Cl. LEXIS 105, 1982 WL 25190 (cc 1982).

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Opinion

per curiam:

Defendant has moved to dismiss the petition in this case which claims back pay for a military promotion not received. Assuming the accuracy of plaintiffs allegation that he was discriminated against and unfairly treated in this matter, he has nevertheless not stated a claim within the jurisdiction of this court to grant relief. The court has absolutely no authority to promote or to require the promotion of military personnel, absent proof of a legal right to promotion, or to grant back pay predicated on such a promotion. We have so ruled many times. See our recent order in Knightly v. United States, 227 Ct. Cl. 767(1981), which collects significant precedents. Plaintiff has not responded to defendant’s motion which was filed January 15, 1982, and the time in which to do so under the rules of the court has now expired.

it is therefore ordered, without oral argument, that defendant’s motion to dismiss is granted. The petition is dismissed.

Plaintiffs motion for reconsideration was denied May 25, 1982.

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per curiam:

Defendant has moved to dismiss the petition in this case which claims back pay for a military promotion not received. Assuming the accuracy of plaintiffs allegation that he was discriminated against and unfairly treated in this matter, he has nevertheless not stated a claim within the jurisdiction of this court to grant relief. The court has absolutely no authority to promote or to require the promotion of military personnel, absent proof of a legal right to promotion, or to grant back pay predicated on such a promotion. We have so ruled many times. See our recent order in Knightly v. United States, 227 Ct. Cl. 767(1981), which collects significant precedents. Plaintiff has not responded to defendant’s motion which was filed January 15, 1982, and the time in which to do so under the rules of the court has now expired.

it is therefore ordered, without oral argument, that defendant’s motion to dismiss is granted. The petition is dismissed.

Plaintiffs motion for reconsideration was denied May 25, 1982.

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Bluebook (online)

230 Ct. Cl. 816, 1982 U.S. Ct. Cl. LEXIS 105, 1982 WL 25190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howell-v-united-states-cc-1982.

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