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Thomas0 v. United States

Citation: 328 F. App'x 620Docket: No. 2008-5178

Court: Court of Appeals for the Federal Circuit; December 1, 2008; Federal Appellate Court

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The United States has moved for summary affirmance of the July 18, 2008 judgment from the United States Court of Federal Claims, which dismissed Randy L. Thomas’s complaint due to lack of jurisdiction. Thomas originally filed his complaint on April 17, 2007, alleging various grievances against multiple entities, but the Court of Federal Claims found that it lacked jurisdiction over the claims presented. A similar complaint was filed by Thomas on July 2, 2008, which was also dismissed for the same reason, with the court noting that the complaint did not present any claims within its jurisdiction.

The United States contends that the Court of Federal Claims correctly determined it lacked jurisdiction because Thomas’s claims involved: (1) non-money-mandating constitutional violations; (2) tort claims such as intentional infliction of emotional distress; (3) privacy violation claims; (4) requests for declaratory relief; (5) requests for punitive damages; (6) civil rights statute violations; (7) claims against parties other than the United States; and (8) violations of criminal statutes. 

The reviewing court found no substantial question regarding the correctness of the Court of Federal Claims' decision on jurisdiction. Consequently, the motion for summary affirmance by the United States is granted, and each party is ordered to bear its own costs.