Filed: Sep. 22, 2020
Latest Update: Sep. 22, 2020
Summary: In the United States Court of Federal Claims No. 20-831C (Filed: September 22, 2020) NOT FOR PUBLICATION ) ANGELA JOHNSON, et al., ) ) Pro Se Plaintiffs, ) Pro Se; RCFC 12(b)(1); State Courts; ) State Agencies v. ) ) THE UNITED STATES, ) ) Defendant. ) ) ORDER DISMISSING CASE Pro se litigants Angela Johnson and Audrey Johnson filed a complaint in this court alleging “seven grievances” against local and state courts in Oklahoma and a Tennessee child support agency in connection with criminal, div
Summary: In the United States Court of Federal Claims No. 20-831C (Filed: September 22, 2020) NOT FOR PUBLICATION ) ANGELA JOHNSON, et al., ) ) Pro Se Plaintiffs, ) Pro Se; RCFC 12(b)(1); State Courts; ) State Agencies v. ) ) THE UNITED STATES, ) ) Defendant. ) ) ORDER DISMISSING CASE Pro se litigants Angela Johnson and Audrey Johnson filed a complaint in this court alleging “seven grievances” against local and state courts in Oklahoma and a Tennessee child support agency in connection with criminal, divo..
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In the United States Court of Federal Claims
No. 20-831C
(Filed: September 22, 2020)
NOT FOR PUBLICATION
)
ANGELA JOHNSON, et al., )
)
Pro Se Plaintiffs, ) Pro Se; RCFC 12(b)(1); State Courts;
) State Agencies
v. )
)
THE UNITED STATES, )
)
Defendant. )
)
ORDER DISMISSING CASE
Pro se litigants Angela Johnson and Audrey Johnson filed a complaint in this court
alleging “seven grievances” against local and state courts in Oklahoma and a Tennessee
child support agency in connection with criminal, divorce, and custody proceedings. See
generally Compl., ECF No. 1-2. The Johnsons seek $900 million as damages for these
grievances. See
id., ECF No. 1-1.
On August 25, 2020, defendant the United States (government) filed a motion to
dismiss the Johnsons’ complaint for lack of subject matter jurisdiction under Rule
12(b)(1) of the Rules of the United States Court of Federal Claims. The government
argues that the Johnsons’ claims against local and state courts and agencies fall outside of
this court’s jurisdiction under the Tucker Act, 28 U.S.C. § 1491. Mot. at 1-2, ECF No. 8.
The Johnsons respond that as United States citizens, they may seek relief from this
court. Resp. at 1-2, ECF No. 10. The Johnsons note that they listed several federal
agencies on the cover sheet of their complaint, including the Department of Justice and
Department of Health and Human Services.
Id. at 2, 4. They argue that they have been
wronged by the Oklahoma courts and Tennessee child support enforcement agencies, and
that “the United States Court of Federal Claims is the only appropriate court for us to
pursue Justice and Expiation.”
Id. at 4.
In reply, the government reiterates that the Johnsons’ claims do not fit within this
court’s jurisdiction, and that the Johnsons’ response confirms that they are raising family
law matters under state law. Reply at 1-2, ECF No. 11.
This court’s subject matter jurisdiction is limited by the Tucker Act, which places
within this court’s jurisdiction “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
unliquidated damages in cases not sounding in tort.” 28 U.S.C. § 1491(a)(1). To fall
within this court’s jurisdiction, a plaintiff must make a claim for money damages against
the United States based on an express or implied contract with the United States or a
money-mandating constitutional provision, statute, or regulation. See United States v.
Navajo Nation,
556 U.S. 287, 289-90 (2009); United States v. Mitchell,
463 U.S. 206,
215-18 (1983). Under the Tucker Act, this court does not have jurisdiction over claims
against any party other than the United States. Trevino v. United States, 557 F. App’x
995, 998 (Fed. Cir. 2014) (citing United States v. Sherwood,
312 U.S. 584, 588 (1941)).
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When evaluating whether the Johnsons’ claims fall within this court’s limited
jurisdiction, the Johnsons’ complaint is held to a less stringent standard than that of a
plaintiff represented by an attorney; however, this leniency does not relieve the Johnsons
of this court’s jurisdictional requirements. See, e.g., Harris v. United States,
113 Fed. Cl.
290, 292 (2013).
Applying these standards, the court must hold that the Johnsons’ claims fall
outside of this court’s limited jurisdiction. The “grievances” contained in the Johnsons’
complaint appear to raise claims against state and local courts and agencies in Oklahoma
and Tennessee. The first “grievance,” for example, is made in connection with a
protective order “in Tulsa Criminal Court.” Compl., ECF No. 1-2 at 2. The seventh
“grievance” involves a Tennessee child support agency.
Id. at 6. The remaining
“grievances” appear to be associated with decisions by the Oklahoma courts in family
law matters; for example, the sixth grievance is related to a decision by the “Tulsa
District Court” regarding an “offset” to “child support.”
Id. at 2-6. The attachments to
the complaint likewise include filings from state agencies or courts, not federal agencies.
Id. at 11-13. Moreover, in their response, the Johnsons confirm that they are seeking
justice based on the actions of “the Oklahoma Supreme Court, the [Tulsa] District Court
regarding IRS and Child Support issues, [and] . . . the [Tennessee] Enforcement Agency
communicating with the Oklahoma Enforcement Agency” regarding family law matters
under state law. Resp. at 4; see also
id. at 2 (arguing “[o]ne of the seven grievances in
this case is the rolling over of a criminal case into a divorce law case”).
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This court, however, lacks jurisdiction over claims founded on state law, Sounders
v. S.C. Pub. Serv. Auth.,
497 F.3d 1303, 1307 (Fed. Cir. 2007), or claims against “states,
localities, state and local government officials, state courts, state prisons, or state
employees,” Trevino, 557 F. App’x at 998. This court also does not have “jurisdiction to
review other judges’ decisions, even when a plaintiff couches its challenge of those
decisions as a claim for damages against the United States.” Jones v. United States, 655
F. App’x 839, 841 (Fed. Cir. 2016) (citing Joshua v. United States,
17 F.3d 378, 380
(Fed. Cir. 1994)). Finally, the Johnsons do not point to any contract with the United
States or money-mandating constitutional provision, statute, or regulation on which they
base their claims. See Navajo
Nation, 556 U.S. at 289-90. The court therefore lacks
jurisdiction over the Johnsons’ “grievances” against state courts and agencies under the
Tucker Act. As such, the court must grant the government’s motion to dismiss, and
dismiss the Johnsons’ complaint for lack of subject matter jurisdiction
For the foregoing reasons, the government’s motion to dismiss, ECF No. 8, is
GRANTED and the complaint is DISMISSED for lack of subject matter jurisdiction.
The motion for leave to proceed in forma pauperis, ECF No. 2, is GRANTED for the
limited purposes of this order. The Clerk is directed to enter judgment accordingly.
IT IS SO ORDERED.
s/Nancy B. Firestone
NANCY B. FIRESTONE
Senior Judge
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