Opinion

Startup v. United States

Court
United States Court of Federal Claims
Filed
Oct 21, 2015
Status
Unpublished
On the bench
Elaine D. Kaplan
Cited by
0 cases
Authority
More cited than 42.3%

The opinion

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No. 15-262L (Pro Se)

(Filed: October 21, 2015)

FILED

FRANCIS-WALTER (STARTUP), oCT 2 I 2015

U.S. COURT OF

Plaintiff, FEDERAL CLAIMS

THE TINITED STATES OF AMERICA,

Defendant.

Francis-\|'alter (Startup), Placentia, CA, Plaintiff, pro se.

Reta Emma Bezak,Trial Attorney, with whom were Benjamin C. Mizer, Principal Deputy

Assistant Attomey General, Robert E. Kirschman, Jr., Director, u:'d Donald E. Kinner,

Assistant Director, Commercial Litigation Branch, United States Department of Justice,

Washington, DC, for Defendant.

OPINION AND ORDER

The pro se plaintiff in this case, Francis-Walter (Startup) ("Mr. Startup"), claims

that certain defendant banks unlawfully foreclosed on property that he owned in

Placentia, Califomia. Compl. at l.In addition, Mr. Startup alleges that the United States

Bureau of Land Management (BLM) failed to certiff a land patent claim that he

forwarded to the agency. Id. at 2. According to Mr. Startup, by virtue ofthe British

common law and the evolution of concepts of property after the American Revolution, in

the United States "the title to land is essentially allodial;" which means, Mr. Startup

claims, that once a sovereign citizen claims title or a land patent over certain property and

posts or publishes such a claim, that citizen has absolute ownership ofthe property and it

may not become the subject offoreclosure. See id. at 5-8.

Based on these and other allegations, Mr. Startup "demands judgment against the

United States and its[] Congress-sanctioned, but unlawful banking Corporations, in the

amount [plaintiff] paid to them of $35,067.44 + interest; and any other remuneration

which this court deems justified for the [stated] damages." Id. at 8. He also asks the

Court to order the BLM to certify his land patent claim. Id. at 2.

The govemment has moved to dismiss Mr. Startup's complaint pursuant to Rule

12(b)( I ) of the Rules of the Court of Federal Claims (RCFC), for lack ofjurisdiction. In

the altemative, it moves to dismiss pursuant to RCFC 12(bX6) for failure to state a claim.

For the reasons set forth below, the govemment's motion to dismiss pursuant to RCFC

12(b)(1) is GRANTED, and the complaint is DISMISSED without prejudice.

DISCUSSION

In deciding a motion to dismiss for lack of subject matter jurisdiction, the court

accepts as true all undisputed facts in the pleadings and draws all reasonable inferences in

favor ofthe plaintiff. Trusted Inteeration. Inc. v. United States, 659 F.3d 1159, 1163

(Fed. Cir. 201 1). The court may "inquire into jurisdictional facts" to determine whether

it has jurisdiction. Rocovich v. United States , 933 F .2d 991 ,993 (Fed. Cir. 1 991 ). It is

well established that complaints that are filed by pro se plaintiffs are held to "less

stringent standards than formal pleadings drafted by lawyers." Haines v. Kemer,404

U.S. 519, 520 (1972). Nonetheless, even pro se plaintiffs must persuade the Court that

jurisdictional requirements have been met. Bemard v. United States, 59 Fed, Cl. 497,

499 (2004), affd, 98 Fed. App'x 860 (Fed. Cir. 2004).

The Court of Federal Claims is a court of limited jurisdiction. Brown v. United

States, 105 F.3d621,623 (Fed Cir. 1997). Its primary source ofjurisdiction is the

Tucker Act, which empowers it to hear "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. $ 1a9l(a)(l)

(2012).

The Tucker Act waives the sovereign immunity of the United States to allow a

suit for money d.rmages, United States v. Mitchell, 463 U.S. 206,212 (1983), but it does

not confer any substantive rights on a plaintiff, United States v. Testan, 424 U.S. 392,

398 (1976). Therefore, a plaintiff seeking to invoke the court's Tucker Actjurisdiction

must identiff an independent source ofa substantive right to money damages from the

United States arising out ofa contract, statute, regulation or constitutional provision.

Jan's Helicopter Serv.. Inc. v. Fed. Aviation Admin., 525 F.3d 1299,1306 (Fed. Cir.

2008).

In this case, as noted, Mr. Startup seeks reliefagainst several private banks, whom

he has named as defendants. Compl. at I (naming as defendants "JP Morgan Chase Bank,

N.A." and "Wells Fargo Bank, N.A. & Associate Loan Servicers"); see also id. at 9

(requesting issuance of injunction to these "banks and their attomeys ofrecord to cease

and desist any further action to foreclose on the subject property"), id. at 8 (demanding

judgment against "banking Corporations"). The Court of Federal Claims, however, does

not have jurisdiction over claims brought against private parties or other entities that are

not the United States. United States v. Sherwood,312 U.S.584,588 (1941); see also

Brown, 105 F.3d aI624 (Fed. Cir. 1997). Mr. Startup's claims against the bank

defendants, accordingly, must be dismissed.

Mr. Startup, as noted, also challenges the Bureau ofLand Management's alleged

refusal to certify his land patent claim, contending that this action violated the Ninth and

Tenth Amendments to the U.S. Constitution, as well as the Constitution of the State of

Califomia. Compl. at 2. He asks the Court to order BLM to "recognize and certify my

posted, published and recorded Land Patent." Id. at 9. This claim is similarly outside the

Court's jurisdiction, because Mr. Startup does not identifr any statute that would give

this Court jurisdiction to review actions taken by the BLM and because the Court lacks

jurisdiction under the Tucker Act to grant equitable reliefexcept as incidental to a grart

of money damages, Nat'l Air Traffic Controllers Assoc. v. United States, 160 F.3d 714,

716 (Fed. Cir. 1998), and.

Finally, Mr. Startup seeks an award of damages against the United States for what

he alleges were "fraudulent acts" that either the United States or "its[] Congress-

sanctioned, but unlawful banking Corporations" committed. Compl. at 8. He alleges that

the fraudulent acts resulted in the denial ofhis "sacred rights ofDue Process and

Discovery;" "[s]tress, having paid precious funds on a'vitiated' contract;" "[]oss of

precious time with [his] wife, children and grandchildren;" and "[]oss ofpersonal time to

research, expose, challenge and prove the fraud in these important actions." Id. at 8-9.

Mr. Startup, however, has not identified any statutory, regulatory, or

constitutional basis for these claims that supplies a substantive right to money damages

from the United States, as is required to invoke this Court's jurisdiction under the Tucker

Act. And while his request for relief makes passing reference to a "vitiated contract," the

Court takes that to be a reference to his loan agreement with the banks that foreclosed on

his mortgage, as he has not otherwise alleged the existence ofa contract between himself

and the United States. The Court, accordingly, lacks jurisdiction over Mr. Starnrp's

request for an award of monetary reliefagainst the United States.

CONCLUSION

On the basis of the foregoing, the govemment's motion to dismiss under RCFC

12(b)(1) is GRANTED and the case is DISMISSED without prejudice. The Clerk is

directed to enter judgement accordingly. Each side shall bear its own costs.

IT IS SO ORDERED.

e,/?(-

ELAINE D, KAPLAN

Judge

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.

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