Tinsley v. United States

72 Fed. Cl. 326, 2006 U.S. Claims LEXIS 229, 2006 WL 2179296
CourtUnited States Court of Federal Claims
DecidedAugust 2, 2006
DocketNo. 06-376C
StatusPublished

This text of 72 Fed. Cl. 326 (Tinsley 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
Tinsley v. United States, 72 Fed. Cl. 326, 2006 U.S. Claims LEXIS 229, 2006 WL 2179296 (uscfc 2006).

Opinion

[327]*327ORDER

HORN, Judge.

The pro se plaintiff in the above-captioned case, who appears to be a frequent litigant according to the allegations in and documents attached to the complaint, brings this action seeking $20,000,000.00 in damages against the United States Department of Justice (DOJ) and the United States District Court for the Eastern District of Virginia for alleged “violations of the Vth Amendment to the U.S. Constitution (U.S. Const.) and violations of 18 U.S.C.A. § 1505....” The facts presented in the plaintiffs complaint also allege violations of due process by judges and employees of the United States District Court for the Eastern District of Virginia, and by Paul J. McNulty, United States Attorney for the Eastern District of Virginia, and Dr. Condoleezza Rice, the United States Secretary of State.

The plaintiffs complaint attempts to lay out an extensive history of one-way communication between the plaintiff and the United States District Court for the Eastern District of Virginia, along with his many attempts to file civil and criminal complaints against judges and clerks of the District Court, as well as other individuals, including the Governor of Virginia, Timothy Kaine. The District Court has refused to file the plaintiffs complaints. The plaintiff begins his complaint in this court by incorrectly stating that a default judgment was entered against the United States in Tinsley v. United States, No. 00-162 (Fed. Cl. filed Mar. 30, 2000). Case number 00-162 was assigned to the undersigned judge, who dismissed the plaintiffs complaint for lack of jurisdiction on August 4, 2000. Therefore, no default judgment was entered against the United States in that case.

[328]*328The plaintiff continues his complaint by addressing a case he attempted to file in the United States District Court for the Eastern District of Virginia, Richmond Division. Specifically, the plaintiff claims that on February 21, 2006, he attempted to file a complaint in that court against Mary Washington Hospital alleging that his mother, Mrs. Hermione Bell Tinsley’s civil rights had been violated and that “she died in the Mary Washington Hospital as a result of having her civil rights violated.”

The plaintiff states that by February 24, 2006, his complaint in the District Court had not been filed and returned to him, so he sent a facsimile to the United States Attorney General charging the District Court with violation of the Fifth Amendment to the United States Constitution and obstruction of justice. In his facsimile, the plaintiff stated: “Please immediately charge the U.S. District Court for the Eastern District of Virginia’s Richmond Division with violating the ‘... due process of law' clause of the Vth Amendment to the U.S. Constitution and with obstruction of justice, 18 U.S.C.A. § 1505____” The February 24, 2006 facsimile provided in the plaintiffs complaint indicates that the plaintiff provided a copy of the facsimile to the Department of Defense and the United Nations Office at Geneva. The plaintiff further claims that by February 27, 2006, his case still had not been filed, so he sent another facsimile to the Attorney General, again charging the District Court with violation of the plaintiff’s due process rights and obstruction of justice. The copy of this facsimile provided in the plaintiff’s complaint indicates that the plaintiff provided the facsimile to the President of the United Nations General Assembly, the United States Health and Human Services Department, and the Department of Defense. The plaintiff sent a third facsimile on February 28, 2006, again charging the District Court with obstruction of justice and violation of the plaintiffs due process rights. In the plaintiff’s February 28, 2006 facsimile, the plaintiff stated: “Everyday that it [plaintiffs complaint] is not received for service is an additional charge of obstruction of justice.... ”

On March 1, 2006, the plaintiff sent a facsimile to the United States Marshal Service and the United States Attorney requesting “the immediate arrest and disbarment of Mr. James R. Spencer who claims to be the Chief Judge of the U.S. District Court for the Eastern District of Virginia’s Richmond Division. The charges are impersonating, 18 U.S.C.A. § 912; obstruction of justice, 18 U.S.C.A. § 1505; making false statements, 18 U.S.C.A. § 1001; conspiracy to interfere with civil rights (where death has resulted), 18 U.S.C.A. § 241; and gross incompetence.”

On March 17, 2006, the plaintiff sent a facsimile to the United States Attorney, Paul J. McNulty, charging the Clerk of the District Court with obstruction of justice for “illegally returning the filing fee and not returning the filed case____” The plaintiff provided a copy of that facsimile to the President of the United Nations and the National Association for the Advancement of Colored People (NAACP). On April 3, 2006, the plaintiff attempted to file a federal complaint against Timothy N. Kaine, the Governor of Virginia, alleging violations of the Fourteenth Amendment to the United States Constitution and mail fraud. The District Court returned the plaintiff’s complaint against Governor Kaine unfiled. The plaintiff then sent his complaint against Governor Kaine to the United States Attorney, who also returned the plaintiffs complaint unfiled. On April 27, 2006, the plaintiff sent a facsimile to the United States Secretary of State requesting the arrest of Debra J. Prillaman, an Assistant United States Attorney, alleging obstruction of justice and mail fraud.

The plaintiffs complaint in this court, although a stream of consciousness, appears to allege that by refusing to file his multiple complaints in the District Court, the United States Department of Justice, the Clerk, Deputy Clerk and Judges of the United States District Court for the Eastern District of Virginia, as well as numerous others, have violated the plaintiff’s Fifth Amendment rights to due process and constituted an obstruction of justice in violation of 18 U.S.C. § 1505 (2000), “through willful negligence demonstrating breach of duty to an American citizen, causation, and psychological stress.”

[329]*329DISCUSSION

The court recognizes that the plaintiff is proceeding pro se. Normally, 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). The United States Court of Appeals for the Federal Circuit has similarly stated that “the pleadings of pro se

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Bluebook (online)
72 Fed. Cl. 326, 2006 U.S. Claims LEXIS 229, 2006 WL 2179296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tinsley-v-united-states-uscfc-2006.