Opinion

Hema v. United States

Court
United States Court of Federal Claims
Filed
Jan 28, 2015
Status
Unpublished
On the bench
Francis M. Allegra
Cited by
0 cases
Authority
More cited than 33.9%

The opinion

0l-t#lfliEet

llnW,llt @nftr! $tstts @ourt of fBlerut @lujmg

No. l5-55 C

This Opinion Will Not Be Published in the U,S, Court of Federal Claims Reporter Because It

Does Not Add Significantly to the Body of Law.

(Filed: January 28, 2015)

ABDOUL K. OUATTARA HEMA, FILED

Plaintifl

JAt{ 2I 2015

U.S. COURT OF

FEDERAL CLAIMS

THE T]NITED STATES,

Defendant.

OPINION and ORDER

On January 21, 2015, plaintifffiled a complaint in this court complaining that he is the

subject ofan unlawful "self-deportation" program against illegal immigrants. Plaintiff contends

that while attending Colorado Heights University in Denver, Colorado, and later while a student at

the Community College of Philadelphia, he was the subject of harassment. Plaintiffs complaint

does not specify any damages sought.

This court is solemnly obliged, on its own accord, to address obvious questions conceming

its subject matter jurisdiction. See Mitchell v. Maurer,293 U.S. 237,244 (1934). This court

recognizes that plaintiffis acling pro se before this court, and thus the court will hold the form of

plaintiffs submissions to a less stringent standard than those drafted by an attomey. see Reed v.

United States,23 Cl. Ct. 517, 521 (1991)(citingEstellev.Gamble,429U.S.97(1976)). Having

reviewed plaintiffs complaint, this court is certain that it lacks iurisdiction to consider the claims

that he raises.

With very limited exceptions, the jurisdictional statutes goveming the United States Court

ofFederal Claims grant authority to the court only to issuejudgments for money against the United

States and then, only when they are grounded in a contract, a money-mandating statute, or the

takings clause of the Fifth Amendment. See lJnited States v. Testan, 424 U.S. 392,39j-98

(1976);28 U.S.C. $ 1491. This court lacks jurisdiction to entertain general civil rights claims that

are not based upon an appropriate money-mandating provision. See, e.g.,Sanders v. United

States,34 Fed. Cl. 75, 80 ( 1995), aff'd, 104 F.3d 3 76 (Fed. Cir. 1996), cert. denied, 522 U.S. g3 1

(1997); Martinez v. United States,26 Cl. Ct. 147l, 1476 (1992), aff'd, I I F.3d 1069 (Fed. Cir.

1993). Nor does it hear claims sounding in tort, or claims involving state or local officials. See

28 U.S.C. $ 1491 Brown v. United States, 105 F.3d 621,623-24 (Fed. Cir. 1997); Shewfelt v.

UnitedStates,l04F.3d 1333, 1337-38 (Fed. Cir. 1997). Moreover, to the extent that plaintiff

states claims under 42 U.S.C. $ 1983 and the Federal Tort Claims Act, it is sufficient to observe

that the court does not have jurisdiction under either ofthose statutes. See28 U.S.C. $

3a6b)0); Jefferson v. United States, 104 Fed. Cl. 81, 89 (2012); Hernandez v. United States,93

Fed. Cl. 193, 197-98 (2010); Marlinv. United States,63 Fed. Cl. 475,476 (2005). This court,

therefore, lacks jurisdiction over all claims made by the plaintiff.

Accordingly, the Clerk shall dismiss plaintiff s complaint for lack ofjurisdiction.

IT IS SO ORDERED,

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.