USCFC General Jurisdiction-Unreported

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20-359 • BRASWELL et al v. USA

Filed 02/03/2023
UNREPORTED ORDER. Signed by Senior Judge Victor J. Wolski. (njr) Service on parties made. Modified on 2/3/2023 (ew). Plaintiff served via first class mail 2/3/2023.

21-778 • SEKRI, INC. v. USA

Filed 01/31/2023
UNREPORTED OPINION denying the plaintiff's motion for a temporary restraining order and preliminary injunction for failure to show irreparable harm absent a preliminary injunction. The Court also ADOPTS the following schedule: administrative record due by 2/10/2023, cross-motions for judgment on the administrative record and any motion to dismiss due by 2/24/2023, and cross-response briefs due by 3/7/2023.. Signed by Judge Richard A. Hertling. (kac) Service on parties made.

22-1792 • HASHI v. USA

Filed 01/31/2023
ORDER granting plaintiff's application to proceed in forma pauperis; directing the Clerk to ENTER judgment DISMISSING Plaintiff's complaint for lack of subject-matter jurisdiction, pursuant to RCFC 12(h)(3); and ENJOINING Plaintiff from filing any new complaints with the Court without leave from the Chief Judge of the United States Court of Federal Claims. Any motion for leave to file must identify the source of law supporting this Court's jurisdiction, explain how the new complaint involves matters not previously raised in the Court, and include, as an attachment, a full complaint satisfying the requirements of RCFC 8. The Clerk shall also REJECT any future submissions received in this matter from Plaintiff unless such submissions comply with this Court's rules regarding post-dismissal submissions and right of appeal. Signed by Judge David A. Tapp. (krm) Service on parties made; plaintiff served via first class mail. (dls) Modified on 1/31/2023 to add anti-filing language and language re: granting of plaintiff's IFP application

22-584 • JOHNSON et al v. USA

Filed 01/31/2023
UNREPORTED ORDER OF DISMISSAL: The Court GRANTS the government's Motion to Dismiss - Rule 12(b)(6); also granting in part and denying in part Plaintiffs' [15] Motion to take Judicial Notice. The Clerk is directed to enter judgment, dismissing this case. Signed by Judge Matthew H. Solomson. (cmb) Service on parties made; plaintiffs served via first class mail.

22-1709 • PHILLIPS v. USA

Filed 01/30/2023
UNREPORTED OPINION DISMISSING CASE, granting Defendant's MOTION to Dismiss pursuant to Rules 12 (b)(1) and (6); denying [10] Plaintiff's MOTION for Reconsideration re [6] Order on Motion for Leave to Proceed in forma pauperis; denying [12] Plaintiff's MOTION for authority; denying [15] Plaintiff's MOTION to Strike [13] Motion to Dismiss pursuant to Rules 12 (b)(1) and (6); denying [23] Plaintiff's MOTION to Strike [16] Response to Motion; and denying as moot [17] Defendant's MOTION to Stay the case. The Clerk is directed to enter judgment and dismiss plaintiff's complaint. Signed by Senior Judge Charles F. Lettow. (khp). Service on parties made.

22-888 • STOLLINGS v. USA

Filed 01/27/2023
UNREPORTED Order: granting Application to Proceed in forma pauperis; finding as moot [10] Motion to Dismiss; and directing the Clerk to enter judgment dismissing plaintiff's complaint without prejudice pursuant to RCFC 41(b). Signed by Judge Ryan T. Holte. (sav) Service on parties made; plaintiff served via first class mail.

23-77 • LEWIS v. USA

Filed 01/26/2023
UNREPORTED ORDER DISMISSING CASE and Order Granting MOTION for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Carolyn N. Lerner. (dvb) Service on parties made. Plaintiff served via first class mail on 01.26.2023 (cam). Modified on 1/26/2023 (cam). (Main Document 6 replaced on 1/27/2023 to add direction to enter judgment. Corrected order served on plaintiff via first class mail on 1/27/23.

22-1835 • PODLUCKY v. USA

Filed 01/25/2023
UNREPORTED Order of Dismissal denying plaintiff's MOTION for Joinder, and granting plaintiff's [2] MOTION for Leave to Proceed in forma pauperis for the limited purpose of determining jurisdiction. The clerk's office is directed to ENTER final judgment DISMISSING plaintiff's complaint for lack of subject matter jurisdiction, without prejudice, pursuant to RCFC 12(h)(3). The clerk's office is further directed to RETURN any future filings not in compliance with this court's rules to plaintiff, UNFILED, without further order of the court. The court CERTIFIES, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith because, as alleged, plaintiff's claims are clearly beyond the subject matter of this court. Because plaintiff has repeatedly filed complaints that needlessly consume the resources of the court, the court ENTERS the following anti- filing injunction: Gregory Joseph Podlucky is immediately ENJOINED from filing any new complaints with this court without first obtaining leave from the Chief Judge of the United States Court of Federal Claims to do so. Any motion for leave to file must include as an attachment a full complaint that meets all of the requirements of RCFC 8; in particular the complaint must identify the source of law supporting this courts jurisdiction over the claims asserted. Thus, the clerk's office is directed to REJECT all future complaints from Mr. Podlucky unless filed by leave of the Chief Judge. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made.

Keywords: re: Unreported Order of Dismissal; Pro Se Complaint; Sua Sponte Dismissal for Lack of Subject-Matter Jurisdiction; RCFC 12(h)(3); Transfer Not Warranted; Anti-Filing Injunction. (TQ)

22-1459 • WIGGINS v. USA

Filed 01/24/2023
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE.** re [17} ORDER granting Motion for Leave to Proceed in forma pauperis; finding as moot [10] Motion for Summary Judgment; granting [12] Motion to Dismiss - Rule 12(b)(1). Signed by Judge Carolyn N. Lerner. (ac7) Service on parties made.

13-402 • ALTA WIND I OWNER LESSOR C et al v. USA

Filed 01/24/2023
UNREPORTED ORDER granting in part and denying in part Motion for Discovery and finding as moot [292] Motion for Discovery. Joint Status Report due by 2/7/2023. Signed by Judge Ryan T. Holte. (sav) Service on parties made.

21-2248 • TEMPLE v. USA

Filed 01/23/2023
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE.** re ORDER granting [7] Motion to Dismiss - Rule 12(b)(6) without prejudice. Signed by Judge Carolyn N. Lerner. (ac7) Service on parties made.

22-1803 • CARLIN v. USA

Filed 01/23/2023
UNREPORTED ORDER DISMISSING CASE. The Clerk is directed to enter judgment. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made; plaintiff served via first class mail.

17-545 • HOLLIDAY v. USA

Filed 01/23/2023
**RE-DOCKETED FOR POSTING TO THE COURT'S WEBSITE.** re ORDER granting 90 Defendant's Motion for Summary Judgment; denying [95] Plaintiff's Cross Motion. Signed by Judge Carolyn N. Lerner. (ac7) Service on parties made.

23-14 • GREENE v. USA

Filed 01/13/2023
UNREPORTED OPINION dismissing case and granting Motion for Leave to Proceed in forma pauperis. Signed by Judge Kathryn C. Davis. (msm) Service on parties made.

22-407 • CALISTE v. USA

Filed 01/13/2023
UNREPORTED ORDER granting Motion to Remand. The Court remands the case to the BCNR and stays all proceedings until the remand period terminates. The Court directs the Clerk to serve a certified copy of this order and the complaint with all exhibits, along with a copy of the Court's docket sheet to the BCNR. The remand period shall terminate 5/15/2023. Joint Status Report due 3/14/2023. Signed by Judge Ryan T. Holte. (eir) Service on parties made.

19-231 • STATE OF MISSISSIPPI et al v. USA

Filed 01/10/2023
UNREPORTED ORDER on November privilege log. Within 10 days from the date of this Order, the government shall provide Plaintiffs with a revised declaration from Major General Holland that explains the process the US Army Corps of Engineers employed in determining to withhold documents in their entirety, rather than in redacted form. Thereafter, the parties shall confer over the next 10 days regarding whether specific documents the Plaintiffs identify can be redacted to segregate non-privileged material. Signed by Chief Judge Elaine D. Kaplan. (jag) Service on parties made.

22-420 • CULPEPPER v. USA

Filed 01/06/2023
UNREPORTED MEMORANDUM OPINION AND ORDER granting in part and denying in part Motion to Remand; REMANDING case to the Board of Correction of Naval Records ("BCNR"). This case is STAYED until further order of the Court. Defendant shall file a status report every 45 days from the date of this order. Plaintiff shall file an application with the BCNR by 2/6/2023. Defendant's first status Report due by 2/21/2023. BCNR's Decision due by 5/19/2023. RCFC 52.2 Notices due within 30 days of the BCNR's decision. Signed by Judge Thompson M. Dietz. (brs) Service on parties made.

Keywords: re: Order on Motion to Remand; Unreported Opinion; RCFC 52.2; Substantial and Legitimate; Choice of Forum; Prejudice.

22-1789 • ALLEN v. USA

Filed 01/06/2023
UNREPORTED OPINION denying Motion for Leave to Proceed in forma pauperis. Signed by Judge Kathryn C. Davis. (msm) Service on parties made.

22-225 • SEPEHRY-FARD v. USA

Filed 01/03/2023
UNREPORTED ORDER filing by my leave Plaintiff's Motion To Stay the Case or, in the Alternative, to Vacate the Courts Dismissal Order and Set a Schedule for Plaintiff to Amend His Complaint received 12/19/2022 and deeming the Defendant served as of this date; granting Plaintiff's request for leave to file his Motion under seal; Plaintiff's redacted Motion due by 2/2/2023; Plaintiff's Motion is denied. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made. Signed by Judge Stephen S. Schwartz. (cmc) Service on parties made.

22-732 • STATEN v. USA

Filed 01/03/2023
UNREPORTED OPINION: GRANTING Motion to Dismiss, filed by the United States. The Clerk of the Court shall enter JUDGMENT for the United States, terminating this case. Signed by Judge Matthew H. Solomson. (ahn) Service on parties made. Plaintiff served via U.S. Mail on this day Modified on 1/4/2023

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