Moore v. United States

94 Fed. Cl. 456, 2010 U.S. Claims LEXIS 678, 2010 WL 3543224
United States Court of Federal Claims·Decided September 10, 2010·No. No. 10-357C·Published·Cited by 7 cases

Opinion

OPINION

HORN, Judge.

FINDINGS OF FACT

The plaintiff, LaTonya Chiree Moore, filed a complaint in this court on June 9, 2010, together with an application to proceed in forma pauperis. On July 16, 2010, the court granted Ms. Moore’s application to proceed in forma pauperis. See Moore v. United States, 93 Fed.Cl. 411 (2010). Although the numerous, submitted filings sent in by plaintiff are hard to follow, the court has reviewed each submission carefully.

For purposes of its review, the court assumes plaintiffs claims to be against the United States.1 All claims in the United States Court of Federal Claims must have “the United States designated as the party defendant....” Rule 10(a) of the Rules of the United States Court of Federal Claims (RCFC) (2010); see also 28 U.S.C. § 1491(a)(1) (2006); United States v. Sherwood, 312 U.S. 584, 587-88, 61 S.Ct. 767, 85 L.Ed. 1058 (1941) (regarding the jurisdiction of a predecessor court to the United States Court of Federal Claims, the United States Supreme Court stated, “if the relief sought is against others than the United States the suit as to them must be ignored as beyond the jurisdiction of the court.”); Eskridge Research Corp. v. United States, 92 Fed.Cl. 88, 95 (2010) (“The United States is the only [459] proper defendant before the Court of Federal Claims.”).

Among many, repetitive allegations, Ms. Moore appears to allege that the federal government has been conducting a “coverup” of various criminal and tortious actions by others against her and her three children. The complaint states that “[t]he Federal Government Keeps trying to cover-up their Computer System and the personal Attack on My 3 sons and I”2 and “[w]ill not turn computer off.” The complaint further states that “[i]t was called Government ordered Detection Service, they keep Hiding and using Room’s (shelter,) cell phones computer’s, stealing, set-up Murder.”

According to plaintiff, “[w]e are homeless and the Violent Attacks started at 907 Larch-mont ave Capitol Heights Md 20743. 7314-111 E Den Brook Dr. Columbia MD 21046, 244 N Brierwood dr. Apt. # 51, AlBany Georgia 31705, Tompkin’s ave Reagency Club E7 AlBany Georgia 31705, Every where after and still.” Plaintiff does not directly connect the personal attacks which she claims the federal government is “eover[ing] up,” with any government employees. Rather, for example, plaintiff generally asserts that “[t]hey Attacked LaTonya Chiree Moore and 3 children, Started 1968 until Continuously Dos’well E. Brook’s.” Plaintiff, however, does name some individuals, families, and state law enforcement agencies and employees in her complaint. For example:

Tucker family, William Small, Family Wali Brook’s and Family, Paulette Smithe (Smithsonian Institute Washington D.C.) Latonia Camindirte, Tanya, Chiree may spell differently.... Gloria Peterson, Tanya Brown Alvin Child’s and Family. Gus-sie, Celeste Salon Kenneth Rumph and Family. Prince George’s County Police force, commissioner. Albany Georgia Police force, Howard County police and Courthouse Master’s in Chancery Raum, Kramer.... Walnita Small, Burdell Dow-dell,- Fran Jone’s- Dos’well E. Brook’s.

Although from the complaint and subsequent filings, it is unclear which of these people, if any, were responsible for the attacks on her or the three children, plaintiff details several attacks “they” allegedly committed:

Stole personal Items clothes, shoe’s furniture, Medical Record’s, Insurance cards Columbia Medical Plan, Bank account, Law suit, credit, Money. Attempted Murder Broke in, Phoebe Hospital 4 floor threats violent force. Created Violent Record’s for my family 3 children.... Took my Birth certificate .... set up My Family Murder, Mentally.... They were involved in Extortion, Bribes, Murder, Attempted Murder, Drugs, Theives, Human Trafficing Buying Selling of Humans. Tamper with court Documents child custody and Support. Social Services. Force me off my Jobs, housing, Phone’s computer, Shelters, Motel, Hotel’s, Kingdom Hall, they keep arranging attacks (Fran Jone’s) Family. My own Family I reported too. Stole Music Broke CD’s. My son Domonic Levelle Garrett writes And wrote Music They stole. College Information stolen. Murdered Bertha Ernisten Price (El-munds). They have private investments and Travel East Coast, California, Albany Georgia is their Home; South Carolina. Attacked our Greyhound. Group cut my Purse’s, took clothes.... They yell scream, used my head Like a Phone and infront of children.

Plaintiffs complaint is confused, but it appears that the plaintiff believes and alleges that the aforementioned people were responsible for the various attacks listed above and that the federal government is hiding or covering up the attacks.

As a result of the attacks, plaintiff alleges she sought help from numerous sources without success:

Came here Seeking help justice Department. Contacted FBI, CIA, Secret Service, White House, Denied Legal Help, justice Marine Base ask for help, they were Police officers and Marine’s. No ar[460] rest or Prosecution 2 went to Howard High School, Columbia MD.... Every time I try to go on the New’s or file paper work in court They change Everything and take all personal Documents. Small Family Rob the Base and stole computers. They won’t accept my Application to visit White House, I E-Mailed Oprah, Montel, They Blocked it out.

According to the plaintiff, after failed attempts to secure aid, plaintiff filed a complaint in this court.

Plaintiff also appears to assert violations of the United States Constitution and of her civil rights. In her complaint, however, plaintiff does not identify any specific section of the United States Constitution, or any federal statute for support. Plaintiffs complaint does not assert that she is entitled to relief, nor does she seek any remedy or a specific amount of money damages.3 Subsequently, in a June 22, 2010 notice to the court, the plaintiff requested a protective order against “Ginger any MaTanya, Tucker, Small Family.” In the same notice, plaintiff also requests “a hearing to discuss this reason for (G.O.D.computer) to be on my childhood.” In response to plaintiffs filings, the defendant filed a motion to dismiss, pursuant to RCFC 12(b)(1). In her response to defendant’s motion to dismiss, Ms. Moore asserted that she was entitled to damages in the amount of “$868 Billion Dollars.”

DISCUSSION

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Moore v. United States, 94 Fed. Cl. 456, 2010 U.S. Claims LEXIS 678, 2010 WL 3543224 (uscfc 2010).

94 Fed. Cl. 456 (Moore v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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