Shalhoub v. United States

75 Fed. Cl. 584, 2007 U.S. Claims LEXIS 59, 2007 WL 655512
CourtUnited States Court of Federal Claims
DecidedMarch 1, 2007
DocketNo. 07-97C
StatusPublished
Cited by34 cases

This text of 75 Fed. Cl. 584 (Shalhoub 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
Shalhoub v. United States, 75 Fed. Cl. 584, 2007 U.S. Claims LEXIS 59, 2007 WL 655512 (uscfc 2007).

Opinion

ORDER

HORN, Judge.

The plaintiff, Crystal Shalhoub, filed a complaint, pro se, in this court on February 8, 2007. In her complaint, she stated:

The Complaint is to claim my pay from back pay and my loan pay from back pay. I was on back pay from work including U.S. Military work, and more funds from all work that I did, and ensuements [sic] including marriages, and abuse cases that involve myself, Crystal Shalhoub.

Plaintiff, acting pro se, also asks leave of court to proceed in forma pauperis. In order to provide access to this court to those who cannot pay the filing fees mandated in this court by Rule 77.1(c) of the Rules of the United States Court of Federal Claims (RCFC), 28 U.S.C. § 1915 (2000) permits a court of the United States to allow a plaintiff to file a complaint without payment of fees or security, under specific circumstances. The applicable statute, 28 U.S.C. § 1915, provides:

(a)(1) Subject to subsection (b), any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such [person] prisoner possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affiant’s belief that the person is entitled to redress.

28 U.S.C. § 1915(a) (bracketed word in original); see also Hayes v. United States, 71 Fed.Cl. 366, 366-67 (2006) (discussing 28 U.S.C. § 1915(a)).

However, “[e]ven if the court finds that plaintiffs affidavit presents sufficient support for waiver of prepayment of the filing fee, the court shall dismiss the case at any time if it determines that the asserted claim is ‘frivolous or malicious’ or ‘fails to state a claim on which relief may be granted.’ ” Hayes v. United States, 71 Fed.Cl. at 369-70 (citing 28 U.S.C. § 1915(e)(2)(B)). A complaint may be deemed frivolous “where it lacks an arguable basis either in law or in fact. As the Courts of Appeals have recognized, [section 1915(e)’s] term ‘frivolous,’ when applied to a complaint, embraces not only the inarguable legal conclusion, but also the fanciful factual allegation.” Neitzke v. Williams, 490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989) (footnote omitted). A complaint may be dismissed for failure to state a claim if “it appears beyond doubt that the plaintiff can [585]*585prove no set of facts in support of his [or her] claim which would entitle him [or her] to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957).

When determining whether a plaintiff fails to state a claim, pro se plaintiffs are entitled to liberal construction of their pleadings. See Haines v. Kemer, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972) (requiring that allegations contained in a pro se complaint be held to “less stringent standards than formal pleadings drafted by lawyers”), reh’g denied, 405 U.S. 948, 92 S.Ct. 963, 30 L.Ed.2d 819 (1972); see also Hughes v. Rowe, 449 U.S. 5, 9-10, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980); Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), reh’g denied, 429 U.S. 1066, 97 S.Ct. 798, 50 L.Ed.2d 785 (1977). However, “there is no ‘duty [on the part] of the trial court ... to create a claim which [plaintiff] has not spelled out in his [or her] pleading ____ Scogin v. United States, 33 Fed.Cl. 285, 293 (1995) (quoting Clark v. Nat’l Travelers Life Ins. Co., 518 F.2d 1167, 1169 (6th Cir.1975)) (alterations in original). See also Minehan v. United States, No. 05-924T, 75 Fed.Cl. 249, 251, 2007 WL 489224, at *3 (Ct.Fed.Cl. Jan. 26, 2007).

In the case before the court, plaintiff alleges that she is entitled to back pay for military service, which she described in a long narrative, including, for example:

Missions and work for the U.S. Military that I completed include ensuements [sic], tests, playing outdoor and indoor sports like field hockey, volleyball, soccer, horseback riding, and winter sports like ice hockey, figure skating, and skiing. More work that I did includes mess specialty work in food service, recruiting for Military, Olympics, New York Racing Association (N.Y.RA), and Police, and completing bootcamps and working at bootcamps. I did Olympic work, doing everything indoors and outdoors, and Police and Security work for Olympics, Education, Schools including Colleges, New York Racing Association (N.Y.RA), Mess Specialty, Entertainment, Relationships, Rehabs, and Businesses, New York State, County and City. I did work for the Federal Bureau of Investigations, FBI, college studies work, science studies and work including nursing and Nurse Corps, and doctoring and Doctor Corps. I also did work for the U.S. Military after bootcamp and training, as a U.S. League of Nations, and I did secretary work for the U.S. Military and U.S. President and the White House in Washington D.C. and other U.S. cities including where I reside in Mayfield, New York where I reside in New York State, etc....

Plaintiff further alleges: “I was told then and later, before the work and after that I earn back pay from all missions, and back pay from all wages that I earn working from all ages that I was working before and after 18 years old.” She goes on to describe work experience ranging, for example, from “flying and escorting for military police,” “correction work,” “teaching,” “modeling,” “dancing,” and “stripping,” in a variety of locations, including New York State, Washington, D.C., and Florida.

Initially, the court notes that to the extent plaintiff is alleging claims against parties other than the United States, this court lacks jurisdiction. When a plaintiff’s complaint names private parties, or state agencies, rather than federal agencies, this court has no jurisdiction to hear those allegations. See Stephenson v. United States, 58 Fed.Cl. 186, 190 (2003) (“[T]he only proper defendant for any matter before this court is the United States, not its officers, nor any other individual.”). The jurisdiction of this court extends only to suits against the United States. United States v. Sherwood, 312 U.S. 584, 588, 61 S.Ct. 767, 85 L.Ed.

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Cite This Page — Counsel Stack

Bluebook (online)
75 Fed. Cl. 584, 2007 U.S. Claims LEXIS 59, 2007 WL 655512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shalhoub-v-united-states-uscfc-2007.