ISAAC v. USA

Filing 4

Order of Dismissal granting 3 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Sr. Judge Loren A. Smith. (dls) Copy to parties.

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,un*e!",,gfr[fi,1.[}|A [r*, @tuims No. to-€i-c Filed: April 25,2016 FILED APR 2 5 20t6 TRACEY T. ISAAC. U.S. COURT OF FEDERAL CLAIMS Plaintifl THE UNITED STATES, Defendant. ORDER On April 20,2016, plaintiff, proceeding pro se, filed a complaint seeking various forms of relief. Additionally, plaintiff has filed a motion to proceed in forma pauperis. Plaintiff, a prisoner incarcerated in Mississippi, seeks to have the race on his birth ceriificate changed from "Negro" to "Moorish-American." Although plaintiff names the "Federal Ethics Committee" as the defendant, the court cannot identifu any allegation that concems any United States official. 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 of law and do not sound in tort. 28 U.S.C. $ 1a91(a)(1). Upon sata sponte review, this Court finds plaintiffs allegations do not give rise to any cause ofaction over which this Court has subjeclmatter jurisdiction. The Court has no authority to decide plaintiffs case, and therelore must dismiss the complaint pursuant to Rule 12(h)(3) of the Rules of the Court of Federal Claims. In consideration of the above, the motion to proceed informa pauperis is GRANTED. Furthermore, plaintiff s complaint is DISMISSED, pursuant to RCFC l2(hX3). The Clerk is hereby directed to take the necessary steps to dismiss this matter. IT IS SO ORDERED. Loren A. Smith, Senior Judge

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