Opinion
Civil Action No. 12 2029
12-13-2012
David Stebbins, Plaintiff, v. United States, Defendant.
MEMORANDUM OPINION
This matter is before the Court on its initial review of plaintiff's complaint and the accompanying application to proceed in forma pauperis. For the following reasons, the Court will grant the in forma pauperis application and will dismiss this action for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring dismissal of an action "at any time" the Court determines that it lacks subject matter jurisdiction).
Plaintiff is suing the United States under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346, 2671-80, "for the value of [the] cases" in which the U.S. Court of Federal Claims allegedly failed to docket his notices of appeal. Compl. at 1. The United States has consented to be sued under the FTCA "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." Id., § 1346(b)(1). The FTCA does not apply to the instant complaint arising out of the decisions of a federal court. A separate Order of dismissal accompanies this Memorandum Opinion.
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United States District Judge