ALI v. USA

Filing 9

UNREPORTED OPINION AND ORDER granting 8 Motion to Dismiss - Rules 12(b)(1) and (6). The Clerk is directed to enter judgment. Signed by Senior Judge Charles F. Lettow. (rp) Service on parties made. Plaintiff served via Certified Mail, Article Number 7018 0040 0001 1393 1808.

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3Jn tbe Wnitei:r $)fates QCourt of ,fei:reral QClaims No. 19-586C (Filed: July 29, 2019) (NOT TO BE PUBLISHED) JUSUFU D. ALI, Plaintiff, v. UNITED STATES, Defendant. _____________ ) ) ) ) ) ) ) ) ) ) ) Jusufu D. Ali,pro se, Charlotte, N01th Carolina. Margaret J. Jantzen, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, D.C., for defendant. With her on the brief were Joseph H. Hunt, Assistant Attorney General, Civil Division, and Robert E. Kirschman, Jr., Director, and Deborah A. Bynum, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, D.C. OPINION AND ORDER LETTOW, Senior Judge. Plaintiff Jusufu D. Ali, also known as Jusufu NouNou Haines and Jusufu NouNou­ Dukuly Ali, has brought suit seeking unspecified damages pursuant to the Fair Debt Collections Practices Act, 15 U.S.C. §§ 1692-92p, and the Fourteenth Amendment to the U.S. Constitution. Mr. Ali cites attempts by the Bank of America, The Bank of New York Mellon, and Select Portfolio Servicing to collect an escrow account debt on Mr. Ali's mortgage. Comp!. at 3, ECF No. J . 1 Mr. Ali also alleges a breach of contract by the United States for attempts to collect that debt after allegedly agreeing that the debt had been paid. Comp!. at 2. The United States (the "government") has moved to dismiss the complaint pursuant to Rules 12(b)(l) and 12(b)(6) of the Rules of the Court of Federal Claims ("RCFC"), arguing that this court lacks jurisdiction over the claim and that Mr. Ali has failed to state a claim upon which this court can grant relief. See Def.'s Mot. to Dismiss ("Def.'s Mot."), ECF No. 8. 1 Citations to the complaint correspond to the page marking as reproduced in the Electronic Case Filing system. 7018 0040 0001 1393 1808

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