CLARKE v. USA

Filing 7

Order of Dismissal denying, as moot, 6 Motion to Dismiss - Rule 12(b)(1) and (6). The Clerk is directed to enter judgment. Tracking #7017 1450 0000 6959 9702. Signed by Senior Judge Eric G. Bruggink. (ew) Service on parties made. Modified on 7/27/2018 to correct action taken on motion. (dls).

OR[fiINAL
IIn tbt @nfte! 5tutts @nwt

of

febers[ @Laims

No. l8-738C
(Filed: July 27,2018)
* * **

* * * * * * *

N<

* r.

FILED

* * * * * * * * * * *

JUL 2 7 2018

!t!

U.S, COURT OF
FEDERAL CLAIMS

ANTHONY CLARKE,

Plaintffi

THE T]NITED STATES,
Defendant,

{.*** *,t ,r{.*i.:t*

+

****r.+,1.{. *t *,t

*

ORDER
Anthony Clarke filed a complaint on May 24,2018. He neglected to
pay his filing fee nor did he seek leave to proceed in forma pauperis.
Defendant has filed a motion to dismiss for lack of jurisdiction or, in the
alternative, for failure to state a claim, but we find it unnecessary to address
that motion because it is apparent on the face ofthe complaint that the court
lacks jurisdiction.

In substance, Mr. Clark seeks exoneration and expungement of his
criminal record, although the complaint contains numerous irrelevant
assertions and citations. This court's general jurisdiction under 28 U.S.C. $
1491 does not extend to a review of criminal convictions or sentences, and
none of the other statutes granting the court jurisdiction do so.

Accordingly, following is ordered:

l.

Defendant's motion to dismiss is denied as moot.

2.

The Clerk of Court is directed to dismiss the complaint and enter

a04b b5L1 B0UU 05hT eToz

judgment for defendant.r

EzuC G. BRUGGINK
Senior Judge

' Plaintiff remains obligated to pay the court filing fee.
2