May v. United States

104 Fed. Cl. 278, 2012 WL 1072301, 2012 U.S. Claims LEXIS 313
CourtUnited States Court of Federal Claims
DecidedMarch 30, 2012
DocketNo. 11-774 C
StatusPublished
Cited by16 cases

This text of 104 Fed. Cl. 278 (May 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
May v. United States, 104 Fed. Cl. 278, 2012 WL 1072301, 2012 U.S. Claims LEXIS 313 (uscfc 2012).

Opinion

MEMORANDUM OPINION AND FINAL ORDER

BRADEN, Judge.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY.1

On December 14, 2009, Morris May (“Plaintiff’) received a traffic citation in Ohio, which he apparently contested. See November 16, 2011 App. To Proceed In Forma Pauperis. After an adverse ruling by an Ohio traffic court, Plaintiff appealed directly to the United States Supreme Court on November 18, 2010 (Compl. ¶4), and did so again on June 13, 2011 (Compl. ¶ 6); July 6, 2011 (Compl. ¶ 8); July 15, 2011 (Compl. ¶ 10); and July 25, 2011 (Compl. ¶ 12). These appeals were styled as writs of mandamus to compel the Clerk of the United States Supreme Court to accept Plaintiffs appeals. Compl. ¶¶ 4, 6, 8, 10, 12. On November 23, 2010, the Clerk of the United States Supreme Court returned the November 18, 2010 writ of mandamus to Plaintiff for failure to comply with a number of procedural requirements and because Plaintiff did “not show how the writ will be in aid of the Court’s appellate jurisdiction[.]” Compl. Ex. C. Plaintiffs other “appeals” were returned on June 16, 2011 (Compl. Ex. D); July 12, 2011 (Compl. Ex. E); July 21, 2011 (Compl. ¶ 11); and August 2, 2011 (Compl. ¶ 13); respectively, for the same reasons.2 Although [280]*280the rejections were signed by the Clerk of the United States Supreme Court, each document indicated that it was prepared by the Deputy Clerk, Ms. Gail Johnson. Compl. Exs. C-E.

On November 16, 2011, Plaintiff filed a pro se Complaint in the United States Court of Federal Claims, alleging the United States and Ms. Johnson, in her capacity as Deputy Court Clerk, “arbitrarily and intentionally” discriminated against Plaintiff by denying him access to the United States Supreme Court. Compl. ¶¶ 5, 7, 9, 11, 13. The November 16, 2011 Complaint also alleges that Ms. Johnson was negligent in the performance of her duties. Compl. ¶¶ 5, 7, 9, 11, 13.

In addition, the November 16, 2011 Complaint alleges that Ms. Johnson’s rejection of Plaintiffs filings in the United States Supreme Court violated: Plaintiffs property rights under the Fifth Amendment of the United States Constitution; Plaintiffs civil rights; Plaintiffs right of access under the Petition Clause of the First Amendment of the United States Constitution; and Plaintiffs rights protected by the Equal Protection and Due Process Clauses of the Fifth and Fourteenth Amendments of the United States Constitution. Compl. ¶¶ 5, 7, 9, 11, 13. The November 16, 2011 Complaint further alleges that these violations were an “abuse of process” that caused injury and damage to Plaintiffs property and civil rights and constituted an intentional infliction of emotional distress. Compl. ¶¶ 5, 7, 9, 11, 13.

Finally, Count 6 of the November 16, 2011 Complaint requests that the court “issue a writ of mandamus to compel Ms. Johnson to perform the operational task and ministerial duty of filing the pro se plaintiffs May’s [sic] legal paper or legal property[.]” Compl. ¶ 14.

On December 9, 2011, Plaintiff filed a Motion To Transfer, Expedite And Interim Award Of Pro Se Attorney Fees (“Pl. TR Mot.”).3 This motion requests that the court transfer Count 6 (paragraph 14) of the November 16, 2011 Complaint to the United States Supreme Court and retain jurisdiction over the remaining counts of the Complaint. Pl. TR Mot. at 4. In addition, the Motion requests “an interim award of pro se attorney fees for the services performed before the Supreme Court of the United States[.]” Pl. TR Mot. at 6.

On January 17, 2012, the Government filed an Opposition To Plaintiffs Motion For Expedited Transfer And Interim Award Of Attorney Fees (“Gov’t TR Opp.”) and a Motion for Summary Dismissal of Pro Se Complaint (“Gov’t Mot.”), arguing the court has no jurisdiction over the claims set forth in the November 16, 2011 Complaint. Gov’t Mot. at 1. In addition, the Government asserts that the November 16, 2011 Complaint fails to state a claim for which relief may be granted. Gov’t Mot. at 1.

On January 27, 2012, Plaintiff filed a Reply to the Government’s January 17, 2012 Opposition To Plaintiffs Motion To Transfer, Expedite And Interim Award Of Pro Se Attorney Fees (“Pl. TR Reply”). On February 6, 2012, Plaintiff also filed a Response To The Government’s Motion To Dismiss (“Pl. Resp.”).

On February 24, 2012, the Government filed a Reply to Plaintiffs February 6, 2012 Response To The Government’s Motion For Summary Dismissal (“Gov’t Reply.”).

On March 26, 2012, Plaintiff filed a Motion To Strike, Expedite, Transfer, And Interim Award Of Pro Se Attorney Fees, Costs, And Litigation Expenses. (“Pl. Mot. II”). The March 26, 2012 Motion effectively is a sur-reply to arguments raised in the Government’s February 24, 2012 Reply. Pl. Mot. II at 1-4 (responding to the Government’s arguments). This Motion adds little to the arguments advanced in Plaintiffs February 6, 2012 Response. In addition, the March 26, 2012 Motion requests that the court transfer [281]*281any tort claims in the November 16, 2011 Complaint to the United States District Court for the District of Columbia. Pl. Mot. II at 2. Finally, Plaintiff’s March 26, 2012 Motion argues that the Government’s February 24, 2012 Reply was filed late and should be disregarded.4 Pl. Mot. II at 4.

II. JURISDICTION.

The jurisdiction of the United States Court of Federal Claims is established by the Tucker Act. See 28 U.S.C. § 1491 (2006). The Tucker Act authorizes the court to “render judgment upon 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 damages in cases not sounding in tort.” 28 U.S.C. § 1491(a)(1) (2006).

The Tucker Act, however, is a “jurisdictional statute; it does not create any substantive right enforceable against the United States for money damages ... [T]he Act merely confers jurisdiction upon it whenever the substantive right exists.” United States v. Testan, 424 U.S. 392, 398, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). Therefore, a plaintiff must identify and plead an independent contractual relationship, constitutional provision, federal statute, or executive agency regulation that provides a substantive right to money damages. See Fisher v. United States, 402 F.3d 1167, 1172 (Fed.Cir.2005) (en banc) (“The Tucker Act itself does not create a substantive cause of action; in order to come within the jurisdictional reach and the waiver of the Tucker Act, a plaintiff must identify a separate source of substantive law that creates the right to money damages.”). The burden of establishing jurisdiction falls on the plaintiff. See FW/PBS, Inc. v. Dallas, 493 U.S. 215, 231, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990) (holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction (quoting McNutt v. General Motors Acceptance Corp.,

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Cite This Page — Counsel Stack

Bluebook (online)
104 Fed. Cl. 278, 2012 WL 1072301, 2012 U.S. Claims LEXIS 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/may-v-united-states-uscfc-2012.