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No. l7-1505C

(Filed: February 13, 2018)

(NOT TO BE PUBLISHED)

FILED

FEB l3 2018

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MICHAEL HARRIS,

Plaintift

UNITED STATES,

Defendant.

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Michael Harris, pro se, Los Angeles, California.

Melissa L. Baker, Trial Attorney, Commercial Litigation Branch, Civil Division, United

States Department of Justice, Washington, D.C., for defendant. With her on the motion were

Chad A. Readler, Principal Deputy Assistant Attomey General, Civil Division, and Robert E.

Kirschman, Jr., Director, and Lisa L. Donahue, Assistant Director, Commercial Litigation

Branch, Civil Division, United States Department of Justice, Washington, D.C.

OPINION AND ORDER

LETTOW, Judge.

Plaintifl Michael Harris, brings suit against the United States Attorney General and the

United States Postal Service, alleging violations of "multiple sections of USC Title 18,"

including obstruction ofjustice. Compl. at 2. These allegations mirror claims made in an earlier

case Mr. Harris filed in this court, 17-1247C, and are accompanied by contentions relating to the

court's disposition of that case under 28 U.S.C. $ 1915. See Compl, at2. In the prior case, Mr.

Harris endiavored to state claims related to proceedings in a California state court arising out of

a suit he filed against the Los Angeles Police Department. See Harris v. United States,No' 17-

1247C,2017 WL 4249920 (Fed. Cl. Sept. 26, 2017).1

lAt the time the prior case was dismissed, a hearing had been scheduled in Mr. Harris's

state case. See Harris,2OlT WL 4249920, at *2 & n.3. The state case has since been dismissed

for failure to file proof of service and for failure to appear at a hearing scheduled for September

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In this case, the court granted Mr. Harris's motion to proceed in forma pauperis on

January 4,2078. Pending before the court at this juncture is the government's motion to dismiss

for lack of subject matter jurisdiction, Def.'s Mot. Dismiss ("Def.'s Mot."), ECF No. 7, which

motion is ready for disposition.

BACKGROUND

In his initial suit filed with this court, Mr, Harris alleged that the California state courts

and the Los Angeles County Sheriff s Office were violating various federal criminal laws by

preventing him from receiving mail related to the case he had filed in state court against the Los

Angeles Police Department. See Harcis,2}l7 WL 4249920, **7-2. He further asserted that the

Sfreriffs Ofhce and the state court were refusing to effectuate service on the defendants in his

state action. He sought "the higher of either $5,000,000 or the 'current day value of the

Adamson House Museum located in Malibu, Califomia.'" Id. at*2 & n.4.

In the present case, Mr. Harris alleges that the Attorney General "did obstruct justice by

attempting to prevent himself from having to investigate his client defendants[, the Postal

Service,] for violations of USC Title 18 as well as the same for [the] superior court for the state

of California." Compl. at}. He contends that the Postal Service "obstructfed] justice by not

giving the claimant his mail from the superior court for the state of Califomia," Compl . at2, artd

inut t[. Attomey General obstructed justice by directing a subordinate attorney to appear in the

prior case in this court to defend the United States against his complaint. See Compl. at2-4

("1t1h. Attorney General obstructed justice by deflecting the matter to his agent[,] . . . a

commercial civil attorney with defendants DOJ[,] to defeat any efforts requiring the Attomey

General to act to the detiiment of his client defendants[, the Postal Service], and to allow himself

to act in violation of his oath of office.")'

Mr. Harris also reiterates allegations he made against the Califomia state courts, arguing

that they too obstructed justice, though he does not proffer supporting facts. See Compl. at 4-5

("The following applies to co-defendants DOJ and [the Postal Service], as well as for the

superiorcourt forthe state of California: . . . [o]bstructingjustice. . . .").

As a remedy, Mr. Harris againrequests either $5,000,000 or an amount equal to the value

of the Adamson House Museum. Compl. at 3. He has dropped his request for "an order

,directing the postal police to investigate the violations of U.S.C. Title 18 section[s] 1341 and

1701 and turn their dndings over to the U.S. Attorney for convening a federal grand jury for their

findings of indictment or dismissal or the charges ."' Horris, 2017 WL 4249920, *2 & n.5.

STANDARDS FOR DECISION

As plaintiff, Mr. Harris has the burden of establishing jurisdiction. See Reynolds v- Army

& Air Force Exch. \erv.,846F.2d746,748 (Fed. Cir. 1988). The leniency afforded apro se

Iitigant as to formalities does not relieve them from meeting their jurisdictional burden. Kelley v.

15,2017. See Harris v. Los Angeles Police Dep't,No. BC665585, Case Summary available at

http ://www. lacourt. org/casesumm ary I ui (last visited February 1 3, 20 1 8 ).

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Secretary, United States Dep't of Labor,812F.2d 1378, 1380 (Fed. Cir. 1987). This court has

jurisdiction over "any claim against the United States founded either upon the Constitution, or

any Act of Congress or any regulation of an executive department, or upon any express or

implied contract with the United States, or for liquidated or unliquidated damages in cases not

sounding intort." 28 U.S.C. $ 1491(a)(l)'

The Tucker Act waives sovereign immunity and allows a plaintiff to sue the United

States for money damages, united states v. Mitchell, 463 U.S. 206,212 (1983), but does not

provide a plaintiff with any substantive rights, United States v. Testan, 424 U .5. 392,398 (1976).

To establish jurisdiction, "a plaintiff must identify a separate source of substantive law that

creates the right to money damages." Fisher v. IJnited States,402 F.3d 7167,1172 (Fed. Cir.

2005) (en banc in relevant part) (citin g Mitchell,463 U.S. at 216; Testan, 424 U.S. at 398).

Criminal statutes are outside the scope of this court's jurisdiction . See 28 U.S.C' $ 1491 ; Joshua

v. United States,17 F.3d 378,379 (Fed. Cir. 1994) ("The [C]ourt [of Federal Claims] has no

jurisdiction to adjudicate any claims whatsoever under the federal criminal code.")'

"lf a court lacks jurisdiction to decide the merits of a case, dismissal is required as a

matter of law." Gray v. United States,69 Fed. Cl. 95, 93 (2005) (citing Ex parte McCardle,T4

u.s. (7 wall.) 506, ila (1868); Thoenv. Unitedstates,T65F.2d 1110, 1116 (Fed. Cir. 1985));

see also RCFC 12(hX3) ("If the court determines a/ any time that it lacks subject-matter

jurisdiction, the court must dismiss the action.") (emphasis added).

ANALYSIS

Mr. Harris, in contending that the defendants are obstructing justice, does not cite to a

particular statutory provision he alleges they violated. See generally Compl. Obstructing justice,

as the govemment submits, "generally [is] criminal in nature." Def.'s Mot. at 4; see also Ullman

v. United States,2005 WL zi+6O1l,at *4 ("Since [plaintiff s] claim for obstruction ofjustice

cannot be viewed as anything but criminal in nature, the Court of Federal Claims does not have

jurisdiction to consider-it on the merits."). Accordingly, Mr. Harris's claims alleging obstruction

tfjustice are outside this court's jurisdiction and must be dismissed'

Likewise, as the government argues, Mr. Harris's claim that the Postal Services failed to

deliver mail, also is not *itnin court's jurisdiction because this court does not have jurisdiction

over claims sounding in tort. See 28 U.S.C. $ 1a91(a); Def.'s Mot. at 5 (citing Blazavich v.

United States,29FA. C:.371,374 (lgg3) ("Plaintiff s case appears to arise out of the negligent

or tortious handling of the mail by the [Postal Service], . . . md, as such, should be dismissed.")

(emphasis omitted)).

Finally, to the extent Mr. Harris intends to reallege wrongdoing on the part of the

California state courts, those claims must also be dismissed as outside this court's jurisdiction.

See United States v. Sherwood,3l2 U.S. 584, 588 (1941) ("[I]f the relief sought is against others

than the United States[,] the suit as to them must be ignored as beyond the jurisdiction of the

[Court of Federal Claims].") (internal citations omitted)'

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In short, Mr. Harris's complaint alleges wrongdoing that can only be interpreted as

criminal or tortious in nature, or wrongdoing on the part of actors other than the United States,

and this court has no jurisdiction to hear those claims. Because Mr. Harris has failed to plead

any facts that would give rise to jurisdiction in this court, his complaint must be dismissed'

CONCLUSION

For the reasons stated, the court finds that it has no jurisdiction to consider Mr. Harris's

claims, and thus the court GRANTS the defendant's motion to dismiss. The clerk shall enter

judgment in accord with this disposition.

No costs

It is so ORDERED

F. Lettow

Judge

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