DONNELLY v. USA

Filing 7

Order of Dismissal; Granting 4 Motion for Leave to Proceed in forma pauperis The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr. (ew) Service on parties made. Tracking #7012 3460 0001 7791 8576.

ORIGIt.lAL
@nftel btvteg [,surt of fpfrrsl

@tufms

No. 18-235 C
April9,2017
D.J. DONNELLY,
d/b/a Triumph Donnelly Studios LLC

Plaintffi

THE IINITED STATES,
Defendant.
OR-DER WAIVING FILING FEE AND DISMISSING CASE

^'Ul

SPONTE

Plaintiff s complaint alleges a violation of the Federal Tort Claims Act and acts of
"negligence, careless conduct, wrongful [and] tortious conduct" by the United States
Postal Service based on an allegation that the Postal Service lost "conhdential movie
materials." Plaintiff, who has appeared pro se and filed a motion to proceed in forma
pauperis, is seeking $50,000 in damages.
The United States Court of Federal Claims does not have jurisdiction to address
claims submitted under the Federal Tort Claims Act. 28 U.S.C. $ 1491(a) (2011); Brown
v. United States, 105 F.3d 621,623 (Fed. Cir. 1997). Even if plaintiff s allegations in the
complaint axe true, they do not give rise to a cause of action over which this court has
subj ect-matter jurisdiction.

Plaintiff s motion to proceed in forma pauperrs is GRANTED for the purposes of
waiving its filing fee. The Clerk of Court will DISMISS plaintiff s complaint for lack of
subj ect-matter jurisdiction pursuant to RFCF 12(bX1).

IT IS SO ORDERED.

Senior Judge

?Dl,e lqhn 0EB1 ??51,85?h