HARRIS v. USA

Filing 10

UNREPORTED OPINION and ORDER granting 7 Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Judge Charles F. Lettow. (fm) Service on parties made. [PLAINTIFF SERVED USPS CERTIFIED MAIL 7016 3010 0000 4308 4027]

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No. l7-1505C

FILED

(Filed: February 13, 2018)
FEB

l3 2018

(NOT TO BE PUBLISHED)
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MICHAEL HARRIS,

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UNITED STATES,
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Michael Harris, pro se, Los Angeles, California.
Melissa L. Baker, Trial Attorney, Commercial Litigation Branch, Civil Division, United
States Department of Justice, Washington, D.C., for defendant. With her on the motion were
Chad A. Readler, Principal Deputy Assistant Attomey General, Civil Division, and Robert E.
Kirschman, Jr., Director, and Lisa L. Donahue, Assistant Director, Commercial Litigation
Branch, Civil Division, United States Department of Justice, Washington, D.C.

OPINION AND ORDER
LETTOW, Judge.
against the United States Attorney General and the
United States Postal Service, alleging violations of "multiple sections of USC Title 18,"
including obstruction ofjustice. Compl. at 2. These allegations mirror claims made in an earlier
case Mr. Harris filed in this court, 17-1247C, and are accompanied by contentions relating to the
court's disposition of that case under 28 U.S.C. $ 1915. See Compl, at2. In the prior case, Mr.
Harris endiavored to state claims related to proceedings in a California state court arising out of

Plaintifl Michael Harris, brings suit

a suit he filed against the Los Angeles Police Department. See Harris v. United States,No' 171247C,2017 WL 4249920 (Fed. Cl. Sept. 26, 2017).1

lAt the time the prior case was dismissed, a hearing had been scheduled in Mr. Harris's
*2 & n.3. The state case has since been dismissed
state case. See Harris,2OlT WL 4249920, at
for failure to file proof of service and for failure to appear at a hearing scheduled for September

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In this case, the court granted Mr. Harris's motion to proceed in forma pauperis on
January 4,2078. Pending before the court at this juncture is the government's motion to dismiss
for lack of subject matter jurisdiction, Def.'s Mot. Dismiss ("Def.'s Mot."), ECF No. 7, which
motion is ready for disposition.

BACKGROUND
In his initial suit filed with this court, Mr, Harris alleged that the California state courts
and the Los Angeles County Sheriff s Office were violating various federal criminal laws by
preventing him from receiving mail related to the case he had filed in state court against the Los
**7-2. He further asserted that the
Angeles Police Department. See Harcis,2}l7 WL 4249920,
Sfreriffs Ofhce and the state court were refusing to effectuate service on the defendants in his
state action. He sought "the higher of either $5,000,000 or the 'current day value of the
Adamson House Museum located in Malibu, Califomia.'" Id. at*2 & n.4.
In the present case, Mr. Harris alleges that the Attorney General "did obstruct justice by
attempting to prevent himself from having to investigate his client defendants[, the Postal
Service,] for violations of USC Title 18 as well as the same for [the] superior court for the state
of California." Compl. at}. He contends that the Postal Service "obstructfed] justice by not
giving the claimant his mail from the superior court for the state of Califomia," Compl . at2, artd
inut t[. Attomey General obstructed justice by directing a subordinate attorney to appear in the
prior case in this court to defend the United States against his complaint. See Compl. at2-4
("1t1h. Attorney General obstructed justice by deflecting the matter to his agent[,] . . . a
commercial civil attorney with defendants DOJ[,] to defeat any efforts requiring the Attomey
General to act to the detiiment of his client defendants[, the Postal Service], and to allow himself
to act in violation of his oath of office.")'

Mr. Harris also reiterates allegations he made against the Califomia state courts, arguing
that they too obstructed justice, though he does not proffer supporting facts. See Compl. at 4-5
("The following applies to co-defendants DOJ and [the Postal Service], as well as for the
superiorcourt forthe state of California: . . . [o]bstructingjustice. . . .").
As a remedy, Mr. Harris againrequests either $5,000,000 or an amount equal to the value
of the Adamson House Museum. Compl. at 3. He has dropped his request for "an order
,directing the postal police to investigate the violations of U.S.C. Title 18 section[s] 1341 and
jury for their
1701 and turn their dndings over to the U.S. Attorney for convening a federal grand
*2 & n.5.
findings of indictment or dismissal or the charges ."' Horris, 2017 WL 4249920,

STANDARDS FOR DECISION
As plaintiff, Mr. Harris has the burden of establishing jurisdiction. See Reynolds v- Army
& Air Force Exch. \erv.,846F.2d746,748 (Fed. Cir. 1988). The leniency afforded apro se
Iitigant as to formalities does not relieve them from meeting their jurisdictional burden. Kelley v.
Los Angeles Police Dep't,No. BC665585, Case Summary available at
http ://www. lacourt. org/casesumm ary I ui (last visited February 1 3, 20 1 8 ).

15,2017.

See

Harris v.

2

Secretary, United States Dep't of Labor,812F.2d 1378, 1380 (Fed. Cir. 1987). This court has
jurisdiction over "any claim against the United States founded either upon the Constitution, or
any Act of Congress or any regulation of an executive department, or upon any express or
implied contract with the United States, or for liquidated or unliquidated damages in cases not
sounding intort." 28 U.S.C. $ 1491(a)(l)'
The Tucker Act waives sovereign immunity and allows a plaintiff to sue the United
States for money damages, united states v. Mitchell, 463 U.S. 206,212 (1983), but does not
provide a plaintiff with any substantive rights, United States v. Testan, 424 U .5. 392,398 (1976).
To establish jurisdiction, "a plaintiff must identify a separate source of substantive law that
creates the right to money damages." Fisher v. IJnited States,402 F.3d 7167,1172 (Fed. Cir.
2005) (en banc in relevant part) (citin g Mitchell,463 U.S. at 216; Testan, 424 U.S. at 398).
Criminal statutes are outside the scope of this court's jurisdiction . See 28 U.S.C' $ 1491 ; Joshua
v. United States,17 F.3d 378,379 (Fed. Cir. 1994) ("The [C]ourt [of Federal Claims] has no
jurisdiction to adjudicate any claims whatsoever under the federal criminal code.")'

jurisdiction to decide the merits of a case, dismissal is required as a
matter of law." Gray v. United States,69 Fed. Cl. 95, 93 (2005) (citing Ex parte McCardle,T4
u.s. (7 wall.) 506, ila (1868); Thoenv. Unitedstates,T65F.2d 1110, 1116 (Fed. Cir. 1985));
see also RCFC 12(hX3) ("If the court determines a/ any time that it lacks subject-matter
jurisdiction, the court must dismiss the action.") (emphasis added).

"lf

a court lacks

ANALYSIS
Mr. Harris, in contending that the defendants are obstructing justice, does not cite to a
justice,
particular statutory provision he alleges they violated. See generally Compl. Obstructing
Ullman
4; see also
as the govemment submits, "generally [is] criminal in nature." Def.'s Mot. at
*4 ("Since [plaintiff s] claim for obstruction ofjustice
v. United States,2005 WL zi+6O1l,at
have
cannot be viewed as anything but criminal in nature, the Court of Federal Claims does not
jurisdiction to consider-it on the merits."). Accordingly, Mr. Harris's claims alleging obstruction
tfjustice are outside this court's jurisdiction and must be dismissed'
Likewise, as the government argues, Mr. Harris's claim that the Postal Services failed to
jurisdiction
deliver mail, also is not *itnin court's jurisdiction because this court does not have
over claims sounding in tort. See 28 U.S.C. $ 1a91(a); Def.'s Mot. at 5 (citing Blazavich v.
United States,29FA. C:.371,374 (lgg3) ("Plaintiff s case appears to arise out of the negligent
or tortious handling of the mail by the [Postal Service], . . . md, as such, should be dismissed.")
(emphasis omitted)).
Finally, to the extent Mr. Harris intends to reallege wrongdoing on the part of the
jurisdiction.
California state courts, those claims must also be dismissed as outside this court's
("[I]f the relief sought is against others
See United States v. Sherwood,3l2 U.S. 584, 588 (1941)
jurisdiction of the
than the United States[,] the suit as to them must be ignored as beyond the
[Court of Federal Claims].") (internal citations omitted)'

a

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In short, Mr. Harris's complaint alleges wrongdoing that can only be interpreted as
criminal or tortious in nature, or wrongdoing on the part of actors other than the United States,
and this court has no jurisdiction to hear those claims. Because Mr. Harris has failed to plead
any facts that would give rise to jurisdiction in this court, his complaint must be dismissed'

CONCLUSION
For the reasons stated, the court finds that it has no jurisdiction to consider Mr. Harris's
claims, and thus the court GRANTS the defendant's motion to dismiss. The clerk shall enter
judgment in accord with this disposition.

No costs
It is so ORDERED
F. Lettow
Judge

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