CHAPPELL v. USA

Filing 7

Order of Dismissal granting 4 Motion for Leave to Proceed in forma pauperis; granting 6 Motion to Dismiss - Rule 12(b)(1). The Clerk is directed to enter judgment. Signed by Senior Judge Robert H. Hodges, Jr. (ac7) Service on parties made.

@nite! btutts @ourt otfrlsrul @lufms
No. 18-638 C
Filed: October 4, 2018

MIGUEL CHAPPELL, pro

se,

Plaintiff,

UNITED STATES OF AMERICA,
Defendant.
ORDER DISMISSING COMPLAINT

Plaintiff proceeding pro se

in this matter, seeks compensation for

alleged
violations of his constitutional rights in connection with a traffic incident. He asserts that
in October 2015, the United States performed an unconstitutional search and seizure of
his vehicle and person, during which he was assaulted and harassed by police. Defendant
filed a motion to dismiss pursuant to Rule 12(bXl) for lack of subject matter jurisdiction.

This court has subject matter jurisdiction over certain claims against the United
States that do not sound in tort. See 28 U.S.C. $ 1a9l(aXl). Plaintiff s complaint alleges
actions by public officials that sound in tort, and his allegations do not otherwise come
within our jurisdiction.

Plaintiff s motion to proceed in forma pauperis is GRANTED, based on a review
of the swom statements provided to the court. Defendant's motion to dismiss plaintiffs
complaint for lack of subject matter jurisdiction is GRANTED. The Clerk of Court will
DISMISS plaintiff s complaint pursuant to Rule l2(bxl) of the rules of this court. No
costs.

IT IS SO ORDERED,

Robert

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Hodges, Jr.