Donnelly v. U.S., 18-235 C. (2017)
Court: United States Court of Federal Claims
Number: infdco20180410849
Visitors: 10
Filed: Apr. 09, 2017
Latest Update: Apr. 09, 2017
Summary: ORRDER WAIVING FILING FEE AND DISMISSING CASE SUA SPONTE ROBERT H. HODGES, JR. , Senior District Judge . Plaintiff's complaint alleges a violation of the Federal Tort Claims Act and acts of "negligence, careless conduct, wrongful [and] tortious conduct" by the United States Postal Service based on an allegation that the Postal Service lost "conhdential movie materials." Plaintiff, who has appeared pro se and filed a motion to proceed in forma pauperis , is seeking $50,000 in damages.
Summary: ORRDER WAIVING FILING FEE AND DISMISSING CASE SUA SPONTE ROBERT H. HODGES, JR. , Senior District Judge . Plaintiff's complaint alleges a violation of the Federal Tort Claims Act and acts of "negligence, careless conduct, wrongful [and] tortious conduct" by the United States Postal Service based on an allegation that the Postal Service lost "conhdential movie materials." Plaintiff, who has appeared pro se and filed a motion to proceed in forma pauperis , is seeking $50,000 in damages. T..
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ORRDER WAIVING FILING FEE AND DISMISSING CASE SUA SPONTE
ROBERT H. HODGES, JR., Senior District Judge.
Plaintiff's complaint alleges a violation of the Federal Tort Claims Act and acts of "negligence, careless conduct, wrongful [and] tortious conduct" by the United States Postal Service based on an allegation that the Postal Service lost "conhdential movie materials." Plaintiff, who has appeared pro se and filed a motion to proceed in forma pauperis, is seeking $50,000 in damages.
The United States Court of Federal Claims does not have jurisdiction to address claims submitted under the Federal Tort Claims Act. 28 U.S.C. $1491(a) (2011); Brown v. United States, 105 F.3d 621,623 (Fed. Cir. 1997). Even if plaintiff's allegations in the complaint axe true, they do not give rise to a cause of action over which this court has subj ect-matter jurisdiction.
Plaintiff's motion to proceed in forma pauperrs is GRANTED for the purposes of waiving its filing fee. The Clerk of Court will DISMISS plaintiff's complaint for lack of subj ect-matter jurisdiction pursuant to RFCF 12(b)(1).
IT IS SO ORDERED.
Source: Leagle
