SHIN v. USA

Filing 4

Order of Dismissal The Clerk is directed to enter judgment. Signed by Sr. Judge Loren A. Smith for Judge Robert H. Hodges. (vdw) Copy to parties.

ORIGINAL
Wniteb ~tates QCourt of jfeberal QCiaims
No. 16-425 C
Filed: April 18, 2016

JONG SHIN, pro se
Plaintiff,
v.

THE UNITED STATES,

)
)
)
)
)
)
)
)
)
)

Defendant.
~~~~~~~~~~ )

FILED
APR 18 2016
U.S. COURT OF
FEDERAL CLAIMS

ORDER
On March 22, 2016, plaintiff, proceedingpro se, filed a complaint seeking various forms
ofrelief. Plaintiff is incarcerated in upstate New York. His complaint alleges various violations
of his constitutional rights, evidently arising from his trial and conviction. This Court's authority
to hear cases is primarily defined by the Tucker Act, which grants this Court subject matter
jurisdiction over claims against the United States that are founded on a money mandating source
oflaw and do not sound in tort. 28 U.S.C. § 1491(a)(l). Plaintiff's allegations are manifestly
without the jurisdiction of this court, and judicial economy does not permit us to consider his
complaint further. Upon sua sponte review, the Court has determined it has no authority to
decide plaintiff's case, and therefore must dismiss his complaint pursuant to Rule 12(h)(3) of the
Rules of the Court of Federal Claims.
Pursuant to Rule 12(h)(3), plaintiff's complaint is DISMISSED. The Clerk is hereby
directed to take the necessary steps to dismiss this matter. Furthermore, the Clerk is directed to
return any related filing fees to the plaintiff upon dismissal.

IT IS SO ORDERED.

For Judge Robert H. Hodges