Warren v. United States

74 Fed. Cl. 723, 2006 U.S. Claims LEXIS 367, 2006 WL 3490932
CourtUnited States Court of Federal Claims
DecidedNovember 30, 2006
DocketNo. 06-482C
StatusPublished
Cited by5 cases

This text of 74 Fed. Cl. 723 (Warren 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
Warren v. United States, 74 Fed. Cl. 723, 2006 U.S. Claims LEXIS 367, 2006 WL 3490932 (uscfc 2006).

Opinion

MEMORANDUM OPINION AND FINAL JUDGMENT

BRADEN, Judge.

[724]*724I. RELEVANT FACTS.1

Plaintiff enlisted in the United States Army on July 8, 1986. See PX 2. After serving in Germany, Plaintiff was transferred to Fort Stewart, Georgia. Id. On February 16, 1990, Plaintiff went absent, without leave (“AWOL”) from his unit at Fort Stewart for one year and seven months. See PX 1.

On September 13, 1991, Plaintiff returned to Fort Stewart, where court-martial charges were initiated. In response, Plaintiff filed a request for discharge, pursuant to Army Regulation (“Army Reg.”) 635-200, Chapter 10.2 See PX 2. On November 18,1991, Plaintiff was discharged from the Army with an Other Than Honorable Discharge. Id.

II. PROCEDURAL HISTORY.

On June 26, 2006, Plaintiff filed a pro se Complaint in the United States Court of Federal Claims alleging entitlement to “money in the form of pay that Plaintiff would have received but for [his] unlawful discharge, pursuant to the Military Pay Act, 37 U.S.C.A., See. 204.” Compl. at H 5. The Complaint also requests “an Order for the Defendant to pay this Plaintiff money from January 29, 1990—to the date of issuance of a procedurally valid discharge under Honorable Conditions, with an annual pay total amount that includes interest of not less than, $35,000.00[.]” Id. at 1120.

On July 18, 2006, Plaintiff filed a Motion for Permanent Injunction Against the United States and the State of Michigan. On July 19, 2006, the Plaintiff filed a Notice of Subject Matter Jurisdiction (“Pl.Notiee”) in support of the June 26, 2006 Complaint.

On August 22, 2006, the Government filed a Motion to Dismiss. On September 22, 2006, Plaintiff filed a Response and Motion for Judgment on the Pleadings (“Pl.Mot.”). On October 16, 2006, the Government filed a Response. On November 15, 2006, the Government filed, by leave, a Response to Plaintiffs July 18, 2006 Motion for Permanent Injunction.

III. DISCUSSION.

A. Jurisdiction.

The Tucker Act authorizes the United States Court of Federal Claims “jurisdiction to render judgment upon any claim against the United States 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, or for liquidated or unliq-uidated damages in cases not sounding in tort.” 28 U.S.C. § 1491(a)(1).

The Tucker Act, however, is merely “a jurisdictional statute; it does not create any substantive right enforceable against the United States for money damages ... the Act merely confers jurisdiction upon it whenever the substantive right exists.” U.S. v. Testan, 424 U.S. 392, 398, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). Therefore, in order to pursue a substantive right, a plaintiff must identify and plead an independent contractual relationship, constitutional provision, federal statute, and/or executive agency regulation that provides a substantive right to money damages. See Todd v. United States, 386 F.3d 1091, 1094 (Fed.Cir.2004) (“jurisdiction under the Tucker Act requires the litigant to identify a substantive right for money damages against the United States separate from the Tucker Act[.]”).

Additionally, “[e]very claim of which the United States Court of Federal Claims has [725]*725jurisdiction shall be barred unless the petition thereon is filed within six years after such claim first accrues.” See 28 U.S.C. § 2501. A cause of action accrues, when a plaintiff is “armed with the facts about the harm done to him.” United States v. Kubrick, 444 U.S. 111, 123, 100 S.Ct. 352, 62 L.Ed.2d 259 (1979). In military separation cases, the six-year statute of limitations begins to run when the individual is discharged from the military, ie., when “all events have occurred to fix the Government’s alleged liability, entitling the claimant to demand payment and sue ... for his money.” See Martinez v. United States, 333 F.3d 1295, 1303 (Fed.Cir.2003) (en banc) (internal quotations omitted).

B. Pro Se Pleading Requirements.

In the United States Court of Federal Claims, the pleadings of a pro se plaintiff are held to a less stringent standard than those of the litigants represented by counsel. See Hughes v. Rowe, 449 U.S. 5, 9, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980) (pro se complaints, “however inartfully pleaded,” are held to “less stringent standards than formal pleadings drafted by lawyers” (internal quotations omitted)). Indeed, it has been the tradition of the court to examine the record “to see if [a pro se ] plaintiff has a cause of action somewhere displayed.” Ruderer v. United States, 188 Ct.Cl. 456, 468, 412 F.2d 1285 (1969). Nevertheless, while the court may excuse ambiguities in a pro se plaintiffs complaint, the court “does not excuse [the complaint’s] failures.” Henke v. United States, 60 F.3d 795, 799 (Fed.Cir.1995).

C. Standard For Motion to Dismiss— RCFC 12(b)(1).

A dispute as to the court’s “general power to adjudicate in specific areas of substantive law ... is properly raised by a [Rule] 12(b)(1) motion.” Palmer v. United States, 168 F.3d 1310, 1313 (Fed.Cir.1999); see also RCFC 12(b)(1) (“Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter [.]”).

In determining whether to grant a motion to dismiss, the court is “obligated to assume all factual allegations to be true and to draw all reasonable inferences in plaintiffs favor.” Henke, 60 F.3d at 797. The plaintiff, however, bears the burden of establishing jurisdiction by a preponderance of the evidence. See Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 748 (Fed.Cir.1988) (“[0]nce the [trial] court’s subject matter jurisdiction [is] put in question it [is] incumbent upon [the plaintiff] to come forward with evidence establishing the court’s jurisdiction.”).

D. Resolution Of The Parties’ Cross-Motions.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Browder v. United States
79 Fed. Cl. 178 (Federal Circuit, 2007)
Mutch v. United States
76 Fed. Cl. 313 (Federal Claims, 2007)
Entendencia v. United States
75 Fed. Cl. 724 (Federal Claims, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
74 Fed. Cl. 723, 2006 U.S. Claims LEXIS 367, 2006 WL 3490932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-v-united-states-uscfc-2006.