Bev Orr v. Department of the Army

Case: 10-30970 Document: 00511445559 Page: 1 Date Filed: 04/14/2011 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED April 14, 2011 No. 10-30970 Lyle W. Cayce Summary Calendar Clerk BEV ORR, Plaintiff–Appellant v. DEPARTMENT OF THE ARMY, Defendant–Appellee Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:09-cv-06273 Before KING, BENAVIDES, and ELROD, Circuit Judges. PER CURIAM:* Appellant Bev Orr appeals from the judgment of the district court dismissing her claim for want of jurisdiction based on sovereign immunity. In the court below Orr brought inconsistent claims. Orr sought a copy of an agreement allegedly entered into 20 years ago when she had worked as a pharmacist in the United States Army. Orr also claimed that such an agreement did not exist but that the district court should order the Army to * Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. Case: 10-30970 Document: 00511445559 Page: 2 Date Filed: 04/14/2011 No. 10-30970 enter into an agreement to negotiate a contract to provide her transportation costs for an alleged relocation that occurred 20 years ago. Orr cites no authority that would allow the district court to entertain her suit against the United States for a contract that does not exist. Even assuming such a 20-year old contract exists that requires payment for her transportation costs, a claim against the United States is barred if not timely brought within six years of its accrual. See 28 U.S.C. § 2401(a). The judgment of dismissal is AFFIRMED. Orr’s motion to strike portions of the Appellee’s brief is DENIED. 2