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No. 18-1732C

UNPUBLISHED

(Filed: November 20, 2018)

KASEBAJALE A. MAYO,

Plaintiff,

TINITED STATES,

Lack of Jurisdiction; RCFC 12(h)(3);

Pro Se Plaintiff; Fair Housing Act;

Americans with Disabilities Act;

Transfer to a United States District

Court.

Defendant.

OPINIONAND ORDER

CAMPBELL-SMITH, Judge.

The court has before it the complaint and plaintiff s application to proceed in

forma pauoeris. As explained below, the complaint states claims related to unfair

housing practices and disability discrimination which are not within this court's

jurisdiction. Transfer to the United States District Court for the District of Colorado is

appropriate.

I. Jurisdiction

"A court may and should raise the question of its jurisdiction sua sponte at any

time it appears in doubt." Arctic Comer. Inc. v. United States, 845 F.2d 999, 1000 (Fed.

cir. 1988) (citation omitted). If there is no jurisdiction in this court over a complaint, the

suit must be dismissed pursuant to Rule l2(h)(3) of the Rules of the united States court

of Federal Claims (RCFC).

The Tucker Act delineates this court's jurisdiction. 28 U.S.C. g l49l (2012).

That statute "confers jurisdiction upon the court ofFederal claims over the specified

categories of actions brought against the United States.', Fisher v. United States, 402

F.3d I167, 1172 (Fed. Cir. 2005) (en banc) (citations omitted). These include money
damages claims against the federal govemment founded upon the Constitution, an act of

Congress, a regulation promulgated by an executive department, any express or implied

contract with the United States, or any claim for liquidated or unliquidated damages in

cases not sounding in tort. Id. (citing 28 U.S.C. $ 1a91(a)(1)).

Plaintiff s claims are founded on allegations of unfair housing practices and

discrimination based on a disability. SeeECFNo. l at l. This court has no jurisdiction

over either category of claims. See. e.s., Maclin v. United States, 121 Fed. CL.66,67-68

(20 I 5) (finding that the Court of Federal Claims lacks jurisdiction to consider claims

made pursuant to the Americans with Disabilities Act) (citation omitted); Bush v. United

States,627 F.App'x 928,930 (Fed. Cir.2016)(notingthattheCourtofFederalClaims

lacks jurisdiction over claims alleging violations of the Fair Housing Act) (citation

omitted).

II. Transfer

Because plaintiff s complaint is not within this court's jurisdiction, the court

considers whether transfer to another federal court is appropriate. Transfer of cases from

this court to a district court is governed by 28 U.S.C. $ 163l (2012), which states in

relevant part, as follows:

Whenever a civil action is filed in [this] court . . . and [this] court finds that

there is a want ofjurisdiction, the court shall, if it is in the interest ofjustice,

transfer such action or appeal to any other such court in which the action or

appeal could have been brought at the time it was filed or noticed, and the

action or appeal shall proceed as if it had been filed in or noticed for the court

to which it is transferred on the date upon which it was actually filed in or

noticed for the court from which it is transferred.

Id. In the court's view, transfer is appropriate and in the interest ofjustice in this case.

This court cannot evaluate the merits of plaintiff s allegations, but ifplaintiffhas been the

victim ofunfair housing practices or discrimination on the basis ofa disability, a court of

proper jurisdiction will be able to provide redress.

IIL Conclusion

For the limited purpose of determining that the court lacks jurisdiction over the

complaint, the court GRANTS plaintiff s application to proceed in forma pauperis, ECF

No. 4. It is hereby ORDERED that the clerk's office is directed, pursuant to 28 U.S.C.

$ 1631, to TRANSFER this suit to the United States District Court for the District of

Colorado.
IT IS SO ORDERED.

ATRICIAE. CAMPB