TAEBEL v. USA

Filing 5

UNREPORTED Order granting 4 Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Signed by Judge Victor J. Wolski. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 0348)

ORflGINAL

In At @nfft! $ltutts @ourt of ftltrul
No. 18-25C
(Filed January 11, 2018)
NOT FOR PUBLICATION

@tstms

FILED
JAN

II

zOIE

U.S. COURT OF
FEDERAL CLAIMS

******************
MITCHELL T. TAEBEL,

Plaintifl

THE UNITED STATES,
Defendant.

******************
ORDER

OnDecember2T,20lT,plaintiff,MitchellT'Taebel'filedacursory'oneparagraph complaint. Compl. In this com,plaint,. Mr' Taebel contends that an
preamble to the
orr"rt'.oua interpretation ofihe "general Welfare" reference in the

contrary to
U.S. Constitution has resulted in the U.S. Department of Justice acting
of
the constituti on. Id,. In particular, Mr. Taebel objects to the enforcement
and
federal criminal laws other than those enumerated in the constitution,
maintains that such activity results in an unconstitutional expense of fundspr"r"-.Hv violating the Tenth Amendment to the u.s. constitution. see id.
As is frequently the case when non-lawyers represent themselves in
proceedings brought in our court, Mr. Taebel seems to misunderstand the
jurisdictio-n that congress has given us. our court has not been empowered to opine

i""""'vmatterinwhichawould-belitigantdisagreeswiththefederal
government,sinterpretationofaconstitutionalprovision.UndertheTuckerAct,28
il.s.c. s 1ag1(aX1), our jurisdiction is restricted to claims for money damages, and
,.q"1""" ,,the identification of a money-mandating law which was allegedly violated
(Jnited States, I27 Fed. CI. 308, 312 (Fed.
by the fecteral government." Stonwyih u.
Li. zorol @itiig united' states u' Mitchett,463 u.s. 206,216-17 (1983))' For
j,r.i*di.tion to rest on the violation of a constitutional provision, that provision must

?0r? 1,q50 0000 llqb 0lq0

mandate that money be paid to particular individuals if violated. See Smith u
(Jnited States,709 F.3d 1114, 1116 (Fed. Cir. 2013) ("To be cognizable under the
Tucker Act, the claim must be for money damages against the United States, and
the substantive law must be money-mandating."); LeBlanc u. United Stotes, 50 F.3d
1025, 1028 (Fed. Cir. 1995) (citing rJnited States u' Testan, 424rJ'S' 392, 398
(1976)); see also Eastport S. S. Corp. u. [Jnited States, 372 F.2d 1002' 1007 (Ct' CI'
1967) (explaining that our predecessor did not have jurisdiction over "every clarm
involving or invoking the Constitution")'

Not only has Mr. Taebel failed to allege that any money damages are owed
him by the federal government, but he fails to explain how the only constitutional
provision he maintains was violated-namely, the Tenth Amendment---can be
interpreted as mandating the payment of money to anyone. The text ofthe Tenth
Amendment says nothing about the payment of money, as our court has frequently
held. See, e.g., Milgroonl u. United States, :r22Fed CI' 779, 800 (Fed' CI' 2015)
(explaining ihat the Tenth Amendment is not a money-mandating provision of the
Constitution).

Subject-matterjurisdictionmayberaisedbythepartiesatanytime'orby

(Fed. cir. 2004).
the court iua sponte. Folden u. (Jnited. states,379 F.3d 1344, 1354
claims
Pursuant to Rule 12(h)(3) of the Rules of the united states court of Federal
(RCFC), "[i]f the court determines at any time that it lacks subject-matter
jrrrisalctlon, the court must dismiss the action." When a court undertakes this
and
ietermination, "the allegations stated in the complaint are taken as true
jrr.i"ai*lott is decided on the face of the pleadings'" Folden' 379 F'3d at 1354
(citation omitted).

constitutional
As Mr. Taebel',s complaint has failed to base his claim on a

p.o'oisionwhichwouldentitlehimtoanawardofcompensationwerehisclaim
i""."*ri"f, our court lacks the authority to hear the matter. See Wahahis u. United
for
stot"r, zti ct. cI. 1018, 1018-19 (197g). The case is therefore DISMISSED
iu"t oi j.trirai"tion per RCFC 12(h)(3)' Because Mr' Taebel appears to meet the
to
to proceed in forma pauperis, see FCF No' 4' his motion for Ieave
paid. The
p.oc""d in forma pauperis is GRANTbO, and thus no filing fee need be
Clerk is directed to close this case'

."q"i."-""*

IT IS SO ORDERED.