Young v. United States

88 Fed. Cl. 283, 2009 U.S. Claims LEXIS 274, 2009 WL 2390357
United States Court of Federal Claims·Decided July 31, 2009·No. No. 09-182C·Published·Cited by 15 cases

Opinion

OPINION

HORN, Judge.

The ease currently before the court was filed by Timothy Doyle Young, a pro se plaintiff and a prisoner in the Colorado federal super-maximum prison. Plaintiff also has filed a request to proceed informa pauperis. The plaintiffs complaint seeks $25 million in damages, and “immediate protection from” the Bureau of Prisons (hereafter, BOP) and certain BOP personnel. The complaint alleges that:

The United States, Dept, of Justice, Dept, of Homeland Security, Fed. Bureau of Prisons, Administrative Office of the U.S. Courts, etc., have revoked the U.S. Constitution, Federal Statutes, U.S. Supreme Court decisions, F.R.Civ.P., F.R.A.P., Ha-beas Corpus, the Colorado State Constitution and laws, causing damage and cruel and unusual punishment because of: A) judicial misconduct; B) Tenth Circuit misconduct; C) Separation of Powers violations; D) Known Inadequate Remedies; E) Constitutional laws and the Absence of laws; F) Local Rules and Practice; G) failure to train, supervise, and/or protect.

Among a series of accusations against federal judges and government officials, Mr. Young alleges that a magistrate judge and several United States Federal District Court judges have “falsified court documents, withheld service of process after IFP [in forma pauperis ] was granted, made and/or withheld rulings because extensive ex parte contacts with defendants, etc.” Mr. Young also alleges that he submitted judicial complaints to the United States Court of Appeals for the Tenth Circuit and United States District Court for the District of Colorado which were not processed or filed. In a separation of powers allegation, he maintains that only his prison unit was treated differently regarding access to inmate account statements as a result of ex parte contacts by the United States District Court in Denver, Colorado. He complains that “The Judicial Conduct Act” has “in effect, erecting [sic] a 21st century Mason-Dixon line” in violation of “Article I, section 8, clause 9 (Inferior Courts) Versus Article III.”

[286]*286As for “known inadequate remedies,” among others, Mr. Young lists “The Finality Clause of the Judicial Conduct Act,” “the DOJ-BOP grievance procedure,” and “the postdeprivation [sic] tort remedy.” He also lists a plethora of laws he views as unconstitutional, as well as violations of the United Stated Constitution by the United States District Court in Denver, Colorado. Mr. Young further argues that “several eases that I have filed since 2005 have been dismissed because of First Amendment retaliation by 2 dirty cops.... ”

Mr. Young’s assertions of official misconduct on the part of federal officials, including BOP officials and federal judges between 2007 and 2009, are further set forth and repeated in an affidavit and exhibits he appended to his complaint and include, among others, the following allegations: 1) that he has been denied certified inmate account statements; 2) that the BOP improperly changed the procedure for obtaining inmate account statements; 3) that the United States District Court for the District of Colorado and the BOP have engaged in improper ex parte contacts, which have resulted in the dismissal of several of Mr. Young’s court cases; 4) that federal judges have improperly withheld some of Mr. Young’s various filings from the record; 5) that one or more officials filed false statements with the federal court; 6) that the federal court has defrauded Mr. Young of his filing fees by issuing an order of dismissal and mailing that order to him; 7) that the United States Court of Appeals for the Tenth Circuit improperly upheld judgments and improperly withheld judgments on Mr. Young’s motions; 8) that Mr. Young has been retaliated against for exercising his right to access the courts and to file grievances by being subjected to improper “shakedowns,” loss of privileges and the filing of improper prison incident reports; 9) that the United States District Court for the District of Colorado improperly dismissed several of Mr. Young’s cases pursuant to 28 U.S.C. § 1915A(b)(l) (2006), and caused Mr. Young to be subject to the “three strikes rule,” found in the Prison Litigation Reform Act, 28 U.S.C. § 1915(g) (2006); and 10) that a federal judge from the United States District Court for the District of Colorado refused to recuse herself in one of Mr. Young’s cases in which that judge was a named defendant.

The court notes that when determining whether a complaint filed by a pro se plaintiff is sufficient to invoke review by a court, pro se plaintiffs are entitled to liberal construction of their pleadings. See Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652 (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, 75 Fed.Cl. 249, 253 (2007).

The government has filed a motion to dismiss the complaint in this case pursuant to Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (“RCFC”), alleging that the court lacks subject matter jurisdiction to hear the plaintiffs claims. The government further asserts that if the court determines that it lacks subject matter jurisdiction, the court should refuse to transfer any of the plaintiffs claims to the United States District Court for the District of Colorado, because, according to the defendant, “a transfer would not be in the interest of justice, given Mr. Young’s history of abusive litigation.”

“Subject matter jurisdiction may be challenged at any time by the parties, or by the court sua sponte.” Folden v. United States, 379 F.3d 1344, 1354 (Fed.Cir.2004), reh’g and reh’g en banc denied (Fed.Cir.), cert. denied, 545 U.S. 1127, 125 S.Ct. 2935, 162 L.Ed.2d 865 (2005); see also Rick’s Mushroom Serv., Inc. v. United States, 521 F.3d 1338, 1346 (Fed.Cir.2008); Fanning, [287]*287Phillips, Molnar v. West, 160 F.3d 717, 720 (Fed.Cir.1998) (quoting Booth v. United States, 990 F.2d 617, 620 (Fed.Cir.), reh’g denied (Fed.Cir.1993)); United States v. Newport News Shipbuilding and Dry Dock Co., 933 F.2d 996, 998 n. 1 (Fed.Cir.1991); North Star Alaska Hous. Corp. v. United States, 76 Fed.Cl. 158, 185,

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Young v. United States, 88 Fed. Cl. 283, 2009 U.S. Claims LEXIS 274, 2009 WL 2390357 (uscfc 2009).

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