WIMBERLEY v. USA

Filing 9

UNPUBLISHED OPINION and ORDER granting 6 Motion to Dismiss - Rule 12(b)(1) and (6), with plaintiff not permitted to file any further pleadings or documents in this court without the consent of the judge . The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (dls) Copy to parties.

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No. l3-264C
(Filed: July 16,2013)
(Unpublished)
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MARGARETRETO WIMBERLEY,

FILED
JUL

16

2013

U.S. COURT OF
FEDERAL CLAIMS

Plaintiff,

THE TINITED STATES,
Defendant.
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OPINION AND ORDERON
DEFENDANT'S MOTION TO DISMISS

Plaintiff, Margaretreto wimberley, filed a one-page pro se complaint in this court
on April 12,2013. She alleges that, over a decade spanning from 2004 to 2013, an
unnamed "white House Federal official confiscated . . . [her] creative work such as
weapon design, cartoons, creative writing, car design [and] clothing" without
compensation. compl. fl 1. Ms. wimberley further alleges that her "creative work" is on
"file at the [w]hite [H]ouse administrative department" and that "Retired president
George W. Bush . . . stated that the Federal Government can [p]roduce" them. Id. Ms.
Wimberley demands "[o]ver $10,000,000.00" in damages. Id.

Ms. Wimberley previously asserted claims against former president George W.
Bush in a district court action in Georgia. Wimberley v. Bush, No.4:10-cv-0058-CDL
(M.D. Ga. June 8,2010). She alleged there that unnamed federal officials had
"confiscate[ed] my design," and sought "money President Bush entitled me to . . . for the
White House Federal Government to produce my design and buy my design," to .,have
my weapon made from my design," and to "authorize for the Federal Govemment to
produce my design." Dist. ct. compl. 6. Ms. wimberley fuither alleged that president
Bush and other federal officials stole her identity, stole her children's identity, conducted
surveillance of her home, forced her to have sex with President Bush and First Ladv

Laura Bush, molested and held her child hostage, illegally married her to a foreign
prince, and questioned her about Al Qaida. Id. 1-4. She also sought for "President Bush
[to] authorize me to grow marijuana substance, kill in self-defense," and ,,get free
merchandise from the [F]ederal Government." Id. 6. In May 2011, the district court
dismissed this complaint for failure to state a claim and entered judgment on the merits
for defendant. Wimberley v. Bush, No. 4:10-cv-0058-CDL, Dkt. No. 15 (M.D.Ga. May
23-24,2011) (district court order and judgment).
On June 13,2013, Defendant filed a motion to dismiss Plaintiff s complaint. Ms.
Wimberley responded to this motion on June 28, 2013 with a document entitled
"Plaintiff['s] Motion Not to Dismiss," and Defendant filed a reply on July 11, 2013. The
Court deems oral argument unnecessary. The Court will grant Defendant,s motion to
dismiss for the following three reasons:

l.

In the Court of Federal Claims, "[e]very claim . . . shall be barred unless the
petition thereon is filed within six years after such claim first accrues." 28
U.S.C. $ 2501. Ms. Wimberley alleges in her complaint that the actions on
which her claim is based span occurred during 2004 through 2013. To the
extent that her claim is based on facts pre-dating April 12,2007,her complaint
is barred by the six-year statute of limitations.

2. Ms. Wimberley previously presented her taking claim in the district court in
Georgia, and received a decision against her on the merits. Her claim therefore
should be dismissed under the doctrine of res judicata (or claim preclusion)
because her claim already has been decided by another court. Federated Dept.
Stores. Inc. v. Moitie,452 U.S. 394,398 (1981) (final judgment on the merits
in another court precludes the parties from re-litigating issues that were or
could have been raised in the other court).

3. Ms. Wimberley's claim is frivolous and fails to state a plausible claim for
relief. Under 28 U.S.C. g l9l5(e)(2), when a plaintiff is proceeding informa

pauperis, as Ms. Wimberley is here, "the court shall dismiss the case at any
time if the court determines that . . . the action or appeal . . . is frivolous." A
finding that an action is frivolous is appropriate when "the facts alleged rise to
the level of the inational or the wholly incredible, whether or not there are
judicially noticeable facts available to contradict them." Denton v. Hernandez,
504 U.S.2s,33 (1992).
Accordingly, Defendant's motion to dismiss under Rules l2(b)(l) and l2(b)(6) is
GRANTED, and Plaintiffs complaint is dismissed. Ms. Wimberley shall not be
permitted to file any further pleadings or documents in this Court without the consent of
the undersiened.

IT IS SO ORDERED.

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flr,*CWHEELER
THOMAS
C.

Judge