Scott v. United States

CourtUnited States Court of Federal Claims
DecidedApril 27, 2026
Docket26-455
StatusUnpublished

This text of Scott v. United States (Scott 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.

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Scott v. United States, (uscfc 2026).

Opinion

IN THE UNITED STATES COURT OF FEDERAL CLAIMS

NOT FOR PUBLICATION ______________________________________ ) NAVARRA S. SCOTT, ) ) Plaintiff, ) No. 26-455 ) v. ) Filed: April 27, 2026 ) THE UNITED STATES, ) ) Defendant. ) ______________________________________ )

MEMORANDUM OPINION AND ORDER

Plaintiff Navarra S. Scott, proceeding pro se, alleges that she has suffered various wrongs

throughout her life on account of misclassification of her race, ethnicity, and culture. Plaintiff also

alleges that she has been persecuted by the U.S. Constitution and takes issue with certain aspects

of U.S. foreign policy. Plaintiff’s Application to Proceed In Forma Pauperis (“IFP Application”)

is currently pending before the Court. For the reasons explained below, the Court GRANTS

Plaintiff’s IFP Application and DISMISSES Plaintiff’s Complaint.

I. BACKGROUND

On March 20, 2026, Plaintiff filed this action without paying the requisite filing fee. See

Pl.’s Compl., ECF No. 1. On the same day, Plaintiff filed an IFP Application, asking the Court to

permit her to proceed without paying the filing fee. See ECF No. 2. In her Complaint, Plaintiff

alleges that she “ha[s] been consistently misclassified of [her] race[,] ethnicity[,] and culture from

birth.” ECF No. 1 at 2. Plaintiff states that her “race is mankind and ethnicity is Hebrew and []

culture is the law of the Torah.” Id. She appears to argue that “the school system and [her] parents”

required her to honor the U.S. Constitution rather than her “true identity and purpose.” Id. She also alleges that, in 1948, Congress fraudulently formed an agreement with Israel to supply

military and foreign aid to Egypt and Jordan “to keep the peace with Israel.” Id. She demands

judgment in the amount of $45 million—$1 million for each year she has been alive—against the

United States for financial reparations as well as “the land that was promised by God Almighty.”

Id. at 3.

II. LEGAL STANDARDS

A. IFP Applications

A court may waive the filing fees and allow a plaintiff to proceed IFP if he or she is “unable

to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). Whether to allow a plaintiff

to proceed IFP is left to the discretion of the court, based on information submitted by the plaintiff.

Thompson v. United States, 99 Fed. Cl. 21, 24 (2011). Being “unable to pay such fees,” as

contemplated by § 1915(a)(1), “means that paying [the filing] fees would constitute a serious

hardship on the plaintiff, not that such payment would render plaintiff destitute.” Fiebelkorn v.

United States, 77 Fed. Cl. 59, 62 (2007) (recognizing that the burden of demonstrating an inability

to pay is not a heavy one).

B. Dismissal Under 28 U.S.C. § 1915 for Frivolousness or Failure to State a Claim

A court “shall dismiss” the case of a plaintiff proceeding IFP “at any time if the court

determines that . . . the action or appeal . . . is frivolous or malicious” or “fails to state a claim on

which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B); see, e.g., Taylor v. United States, No.

25-932, 2025 WL 1589283, at *2 (Fed. Cl. June 5, 2025) (dismissing the plaintiff’s case as

frivolous and for failing to state a claim); Alvar v. United States, No. 25-1131, 2025 WL 1951847,

at *2 n.4 (Fed. Cl. July 16, 2025) (“The frivolity of [p]laintiff’s baseless claim . . . could also

provide a separate ground for dismissal.”). A complaint “is frivolous where it lacks an arguable

2 basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). To avoid dismissal

for failure to state a claim, “a complaint must contain sufficient factual matter, accepted as true, to

‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)

(quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial plausibility

when the plaintiff pleads factual content that allows the court to draw a reasonable inference that

the defendant is liable for the misconduct alleged.” Pupols v. U.S. Pat. & Trademark Off., 413 F.

App’x 232, 234 (Fed. Cir. 2011) (citing Ashcroft, 556 U.S. at 677–78).

C. Tucker Act Jurisdiction

“The Court of Federal Claims is a court of limited jurisdiction.” Marcum LLP v. United

States, 753 F.3d 1380, 1382 (Fed. Cir. 2014). Before the Court can reach the merits of a plaintiff’s

claim, it must first assure itself of the existence of subject-matter jurisdiction. See Ruhrgas AG v.

Marathon Oil Co., 526 U.S. 574, 583 (1999). The Tucker Act vests this Court with jurisdiction

over any suit against the United States for money damages “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 . . . in cases not sounding in tort.” 28 U.S.C. § 1491(a)(1).

“The Tucker Act, however, does not create ‘substantive rights[,]’” nor does it grant jurisdiction

for “every claim invoking the Constitution, a federal statute, or a regulation.” Me. Cmty. Health

Options v. United States, 590 U.S. 296, 322 (2020) (quoting United States v. Navajo Nation, 556

U.S. 287, 290 (2009) and then quoting United States v. Mitchell, 463 U.S. 206, 216 (1983)).

Instead, to invoke jurisdiction under the Tucker Act, “a plaintiff must identify a separate source of

substantive law that creates the right to money damages” from the United States. Fisher v. United

States, 402 F.3d 1167, 1172 (Fed. Cir. 2005). “[T]he court must address jurisdictional issues, even

sua sponte, . . . whether raised by a party or not.” St. Bernard Par. Gov’t v. United States, 916

3 F.3d 987, 992–93 (Fed. Cir. 2019). If the Court lacks subject-matter jurisdiction, it must dismiss

the action in accordance with Rule 12(h)(3) of the Rules of the United States Court of Federal

Claims (“RCFC”).

Although filings by pro se litigants are liberally construed, pro se plaintiffs maintain the

burden of establishing subject matter jurisdiction by a preponderance of the evidence. Curry v.

United States, 787 F. App’x 720, 722 (Fed. Cir. 2019) (citing Kelley v. Sec’y, U.S. Dep’t of Labor,

812 F.2d 1378, 1380 (Fed. Cir. 1987)). “[T]he leniency afforded to pro se litigants with respect

to mere formalities does not relieve them of jurisdictional requirements.” Id.

III. DISCUSSION

A. Plaintiff’s IFP Application is Granted.

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