Opinion

Allen v. United States

Court
United States Court of Federal Claims
Filed
Oct 22, 2024
Status
Unpublished
On the bench
Stephen S. Schwartz
Cited by
0 cases
Authority
More cited than 32.9%

explaining that pro se litigants are “entitled to a liberal construction of [their] pleadings”

How later courts described this case

  • explaining that pro se litigants are “entitled to a liberal construction of [their] pleadings”

Written by the judges who cited it.

The opinion

In the United States Court of Federal Claims

No. 24-1246C

(Filed: October 22, 2024)

NOT FOR PUBLICATION

***************************************

DERRICK M. ALLEN, SR., *

*

Plaintiff, *

*

v. *

*

THE UNITED STATES, *

*

Defendant. *

*

*************************************

OPINION AND ORDER

Plaintiff Derrick M. Allen, Sr., proceeding pro se, seeks $10,000 in

compensation for the alleged mishandling of his mail. See Complaint (ECF 1).

Plaintiff has moved to proceed in forma pauperis. See Mot. for Leave (ECF 2). The

government opposes allowing Plaintiff to proceed in forma pauperis, and has moved

to dismiss under RCFC 12(b)(1) and 28 U.S.C. § 1915(e). See Resp. & Mot. (ECF 7).

Leave to proceed in forma pauperis is DENIED, and the motion to dismiss is

GRANTED.

This Court’s subject-matter jurisdiction — its authority to pass judgment on

the cases before it — is limited to specific types of claims, most commonly non-tort

claims for money damages under the Tucker Act. See, e.g., 28 U.S.C. § 1491(a)(1); see

also Brown v. United States, 105 F.3d 621, 623 (Fed. Cir. 1997) (“The Court of Federal

Claims is a court of limited jurisdiction.”). Perhaps confusingly for pro se litigants, it

is not a forum for “federal claims” generally. Claims that are outside the Court’s

jurisdiction must be dismissed. RCFC 12(h)(3). “In determining jurisdiction, a court

must accept as true all undisputed facts asserted in the plaintiff’s complaint and draw

all reasonable inferences in favor of the plaintiff.” Trusted Integration, Inc. v. United

States, 659 F.3d 1159, 1163 (Fed. Cir. 2011) (citing Henke v. United States, 60 F.3d

795, 797 (Fed. Cir. 1995)). “Although a pro se plaintiff’s complaint is held to a less

stringent standard than those prepared by counsel, pro se litigants are not excused

from meeting jurisdictional requirements.” Spengler v. United States, 688 F. App’x

917, 920 (Fed. Cir. 2017) (citations omitted) (citing Hughes v. Rowe, 449 U.S. 5, 9

(1980), and Kelley v. Sec’y, U.S. Dep’t of Labor, 812 F.2d 1378, 1380 (Fed. Cir. 1987)) ;

see also Howard-Pinson v. United States, 74 Fed. Cl. 551, 553 (2006) (explaining that

pro se litigants are “entitled to a liberal construction of [their] pleadings”) (citing

Haines v. Kerner, 404 U.S. 519, 520–21 (1972)).

This is not the first time Mr. Allen has raised claims like the ones presented

here. The Federal Circuit has in fact already explained to him that “allegations about

the mishandling and withholding of his mail … do not fall within [the Court of

Federal Claims’] jurisdiction, as those claims sound in tort.” Allen v. United States,

No. 2021-1631, 2022 WL 180760, at *2 (Fed. Cir. Jan. 20, 2022). His new claims must

be dismissed for the same reason. The motion to dismiss is therefore GRANTED.

This case is part of Plaintiff’s history of filing frivolous lawsuits. See, e.g., Allen

v. United States, No. 22-1789, 2023 WL 125248, at *2 (Fed. Cl. Jan. 6, 2023); Allen v.

Better Dental, No. 22-1281, 2022 WL 2987954, at *1 (4th Cir. July 28, 2022); Allen v.

N. C. Admin. Hearings, 805 F. App’x 246, 247 (4th Cir. 2020); Allen v. United States,

No. 22-1793C, 2022 WL 18109953, at *2 (Fed. Cl. Dec. 13, 2022), aff’d in part, vacated

in part, remanded, 88 F.4th 983 (Fed. Cir. 2023). In such circumstances, courts have

discretion to deny litigants leave to proceed in forma pauperis. Straw v. United States,

No. 2021-1600, 2021 WL 3440773, at *6 (Fed. Cir. Aug. 6, 2021); In re Sindram, 498

U.S. 177, 179–180 (1991); see also In re McDonald, 489 U.S. 180, 184 (1989).

Plaintiff’s motion for leave to proceed in forma pauperis is therefore DENIED. Given

that similar claims by the same Plaintiff have been rejected by the Federal Circuit

before, I CERTIFY that any appeal from the judgment would not be taken in good

faith. See 28 U.S.C. §1915(a)(3).

On September 9, 2024, the Court received Plaintiff’s submission entitled

“Plaintiff’s Response in Opposition to Motion to Proceed In Forma Pauperis and

Motion for Summary Judgment.” Plaintiff’s submission shall be FILED BY MY

LEAVE, under seal, and construed as “Plaintiff’s Reply to Defendant’s Response in

Opposition to Motion to Proceed In Forma Pauperis and Motion for Summary

Dismissal.”

The Clerk is directed to enter judgment accordingly.

IT IS SO ORDERED.

s/ Stephen S. Schwartz

STEPHEN S. SCHWARTZ

Judge

-2-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.