Olajide v. United States

124 Fed. Cl. 196, 2015 U.S. Claims LEXIS 1562, 2015 WL 7496230
CourtUnited States Court of Federal Claims
DecidedNovember 23, 2015
DocketNo. 15-549C
StatusPublished
Cited by3 cases

This text of 124 Fed. Cl. 196 (Olajide 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
Olajide v. United States, 124 Fed. Cl. 196, 2015 U.S. Claims LEXIS 1562, 2015 WL 7496230 (uscfc 2015).

Opinion

Pro Se; RCFC 12(b)(1), Subject-Matter Jurisdiction; RCFC 12(b)(6), Failure to State a Claim; Implied-in-Faet Contract; Fifth Amendment, Takings.

MEMORANDUM OPINION AND ORDER

GRIGGSBY, Judge

I. INTRODUCTION

Pro se plaintiff, Olanapo ad Olajide, also known as Ronald Boyede Olajide, brought this action seeking monetary damages and injunctive relief against the United States, for an alleged breach of contract and a takings without just compensation pursuant to the Fifth Amendment of the United States Constitution. The government has moved to dismiss plaintiffs complaint for lack of subject-matter jurisdiction and for failure to state a claim upon which relief may be granted, pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims (“RCFC”). See generally Def. Mot. Plaintiff has also filed motions for a preliminary injunction; for expedited ruling upon his motion for a preliminary injunction; for entry of a default judgment; for a more definite statement; to strike plaintiffs response to defendant’s motion to dismiss; and two miscellaneous motions styled as “Motions for the Court to Take Judicial Notice of Adjudicative Facts,” and “Corrected Motion for Court to Take Judicial Notice of Adjudicative Facts” (“motions for miscellaneous relief’). See generally, Pl. Mot. for

Prelim. Inj.; PL Mot. to Expedite Ruling on Prelim. Inj.; PL Mot. for Entry of Default Judgment; PL Mot. for Court to Take Judicial Notice of Adjudicative Facts; PL Corrected Motion for Court to Take Judicial Notice of Adjudicative Facts; Pl. Mot. for a More Definite Statement; Pl. Mot. to Strike Response to Mot to Dismiss. For the reasons set forth below, the Court (1) GRANTS defendant’s motion to dismiss and (2) DENIES as moot plaintiffs motions.

II. FACTUAL AND PROCEDURAL BACKGROUND1

A. Factual Background

Plaintiff pro se, Olanapo ad Olajide, became a United States citizen in 1999. See Compl. at 3-4, Ex. C; Def. Mot. at 2. On May 28, 2015, plaintiff filed a complaint seeking injunctive relief and monetary damages from the United States. See generally Compl.

In his complaint, plaintiff appears to assert a breach of contract claim and a Fifth Amendment takings claim against the United States. Id Specifically, plaintiff alleges that, on April 20, 1985, he loaned the government “his family and given names (olajide, olanapo, ad, Ronald, boyede), likeness and fingerprints.” Id at 3-4. Plaintiff further alleges that the government “did cause the sale of [plaintiffs] aforesaid property in association with their chattel paper for a social value unknown to the [plaintiff].” Id

Plaintiff also contends that he entered into an implied-in-fact contract with the United States by virtue of becoming a United States citizen. See Compl. at 4; PL Resp. II at 5. In this regard, plaintiff maintains that the Constitution of the United States is a contract between him and the government. PL Resp. II at 5. Plaintiff further maintains that under this contract, he is entitled to compensation from the United States for any use of his name. Compl. at 2-4. Plaintiff appears to allege that defendant defaulted on this contract by using plaintiffs name and likeness on his certificate of citizenship and his social security card. Id at 4-5. In this regard, plaintiff argues that the United States defaulted on this contract “on or about April twenty-seventh in the year nineteen ninety and [o]n September twelfth in the year nine[200]*200teen ninety” by causing “the sale of the [plaintiffs] aforesaid property,” and he demands the “full amount of the value, profits, and rents of his property payable under the note and mortgage to be due.” Id. at 4, 6.

Plaintiff also appears to allege that defendant engaged in a takings in violation of the Fifth Amendment. See Compl. at 5. In this regard, he alleges that “intangible property” has been taken by the government for “public use without justly compensating” plaintiff. Id. Specifically, plaintiff maintains that the inclusion of his name on certain documents evidences a use of his property without just compensation. Id. at 4-5.

Plaintiff requests that the Court enjoin the government from using his name, issue a writ of mandamus to compel the government to compensate him “for the public use of his private [t]hings,” and to award plaintiff $999,999,999.00 in monetary damages. Id. at 5, 7. Plaintiff also seeks an injunction preventing the government from subjecting him or his properties to equitable liabilities, as well as an assignment to the United States of any debts for which he is currently responsible. Id. at 7.

B. Procedural Background

Plaintiff filed the complaint in this matter on May 28, 2015. See generally Compl, On June 4, 2015, plaintiff filed a motion for preliminary injunction against the United States. See generally Pl Mot. for Prelim. Inj.

The government did not timely respond to plaintiffs motion for preliminary injunction. Consequently, on July 1, 2015, plaintiff moved for an expedited ruling on his motion for preliminary injunction. See generally PL Mot. to Expedite.

The government also did not file a timely response to plaintiffs complaint. On July 29, 2015, the government filed a motion for an enlargement of time, out of time, to file a motion to dismiss, along with an attached motion to dismiss plaintiffs complaint pursuant to RCFC 12(b)(1). See Def. Mot. for Enlargement of Time; Def. Mot. On July 29, 2015, the Court granted the government’s motion for an enlargement of time and granted the government leave to file its motion to dismiss. See Order Granting Mot. for Leave to File Out of Time. In addition, the Court issued a Show Cause Order directing that the government explain why defendant failed to meet the filing deadlines in this matter. See Show Cause Order, July 29, 2015.

On July 30, 2015, plaintiff moved for entry of a default judgment against the United States. Pl. Mot. for Def. Judg.; see also RCFC 55(a). On July 31, 2015, the government filed its response to the Show Cause Order and its responses to plaintiffs motion for preliminary injunction and plaintiffs motion for an expedited ruling on his motion for a preliminary injunction. See generally Def. Resp. to Show Cause Order.

On August 12, 2015, plaintiff filed, by leave of the Court, his reply to the government’s response to his motions for preliminary injunction and for an expedited ruling on the motion for a preliminary injunction. See generally PL Resp. to Mot. for Prelim. Injunction. On August 13, 2015, plaintiff filed a miscellaneous motion styled as “Motion for Court to take Judicial Notice of Adjudicative Facts.” See generally PL Misc. Mot. for Court to Take Notice of Adjudicative Facts. On August 17, 2015, defendant filed a response to the motion for entry of default judgment. See generally Mot. for Entry of Default Judgment.

On August 19, 2015, plaintiff filed a response to defendant’s motion to dismiss. See generally PL Resp. Additionally, on August 24, 2015, plaintiff filed a motion for a more definite statement. See generally Pl. Mot. for a More Definite Statement.

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Cite This Page — Counsel Stack

Bluebook (online)
124 Fed. Cl. 196, 2015 U.S. Claims LEXIS 1562, 2015 WL 7496230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olajide-v-united-states-uscfc-2015.