TILLEY v. USA

Filing 7

Order of Dismissal: granting 6 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Senior Judge Edward J. Damich. (ac7) Service on parties made.

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No. l: l8-cv-01047
(Filed: August 6, 2018)

FILED

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AUG

JOHN MCLEAN TILLEY,

- 6 20t8

U.S. COURT OF

FEDEML CLAIMS

Plaintiff,
v.

THE UNITED STATES,
Defendant.
:1.

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ORDER OF DISMISSAL
Plaintiff proceeding pro se, who is incarcerated at the Northem Nevada
Correctional Center, filed his complaint in this Court on July 17, 2018.r plaintiff asks
that the court "render a decision that in all rransactions involving the petitioner, it was
all done on false claims . . . ," and Plaintiff ',move[s] to have [his] past exonerated, and
FBI and NCIC notified that [he] no longer exist[s] in their archives." pl.,s Compl. ar 5.
Although the complaint is largely incomprehensible, it appears that plaintiff wants his
criminal record to be expunged. see Pl.'s compl. at 1 ("The petitioner-plaintiff wast's
[sic] to Address, The Whole issue of A Ponzi Scheme inflicted on myself, for All The
Past incarcerations, and the unjust compensation clause to the Fifth Amendment case
which was resolved on A writ of certiorari ident., filing (l) in forma pauperis was always
designated to the fictions, Strawman, Chattel . . . .,').

' Plaintiffalso submitted an Application to proceed In Forma pauperis. After
review, it appears that Plaintiff is indigent, and the Court therefore GRANTS this
Application. Although the Court grants plaintiffs application to proceed in forma
pauperis, plaintiffshall be assessed, pursuant to section 1915(b)(1), an initial partial filing
fee comprising twenty percent of the greater of (1) the average monthly deposits into his
account, or (2) the amount representing the average monthly balance in plaintiffs
account for the six-month period immediately preceding the filing of his complaint.
Thereafter, plaintiffshall be required to make monthly payments of twenty percent ofthe
preceding month's income credited to his account. The agency having custody of
plaintiff s account shall forward payments from plaintiff s account to the clerk ofcourt
each time the account balance exceeds $10.00 and until such time as the filing fee is paid
in full.

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Subject matter jurisdiction is a threshold matter which may be challenged at any
time by a party or the cou( sud sponte. Folden v. Uniled States,379 F.3d 1344, 1354
(Fed. Cir.2004). This Court does not have jurisdiction over criminal matters. See
Joshua v. United States,17 F.3d 378, 379 (Fed. Cir. 1994). Further, although this Court
has jurisdiction over Fifth Amendment takings claims, a plaintiff alleging such a claim
"must show that the United States, by some specific action, took a private property
interest for public use without just compensation." Short v. United States,50 F.3d 994,
1000 (Fed. Cir. 1995). Plaintiff has mentioned the Fifth Amendment, but he has failed to
state a cognizable claim for which relief can be granted. See generally, Pl.'s Compl.
Therefore, the Court lacks jurisdiction, and this case must be DISMISSED. The clerk of
the Court is instructed to enterjudgment accordingly.

IT IS SO ORDERED.