FILED
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA NOV 1 9 2009
Clerk, U.S. District and
) Bankruptcy Courts
Fred Woodrow Mauney, Jr., )
)
Plaintiff, )
)
v. ) Civil Action No. O~ 2182
)
Eric Holder et al., )
)
Defendants. )
)
MEMORANDUM OPINION
This matter is before the Court on its initial review of plaintiff s pro se complaint and
application for leave to proceed in forma pauperis. The Court will grant the informa pauperis
application and dismiss the case under Federal Rule of Civil Procedure 12(h)(3) for lack of
subject matter jurisdiction.
Plaintiff, a resident of Peachland, North Carolina, seeks in essence to collect a reward of
$100,000 from the United States Postal Service for his alleged role in the arrest and conviction of
the murderer of a Postal Service employee. 1 The Court of Federal Claims has exclusive
jurisdiction to "render judgment upon any claim against the United States founded [] upon ...
any Act of Congress or any regulation of an executive department, or upon any express or
I Plaintiff sues the Department of Justice, the United States Postal Service, the United
States Postal Inspection Service and the respective heads of those federal entities. In addition to
the reward, plaintiff seeks "compensatory damages ... of$100,000,000.00." Compi. ~ 13. He
also seeks the issuance of arrest warrants and the empaneling of a grand jury, id. ~ 14, neither of
which is an available civil remedy. See Rockefeller v. us. Court of Appeals Office, for Tenth
Circuit, 248 F. Supp.2d 17,22 (D.D.C. 2003) (criminal statutes "do not convey a private right of
action."); 28 U.S.c. § 547(1) (the United States Attorney "shall prosecute for all offenses against
the United States").
implied contract with the United States [] for ... damages in cases not sounding in tort, 28
U.S.C. § 1491(a)(I), and exceeding $10,000, 28 U.S.C. §1346(a)(2).
To the extent that plaintiff is seeking damages against the United States for "fraud upon
the court," Compi. at 3, the claim is barred by sovereign immunity. See Fed. Deposit Ins. Corp.
v. Meyer, 510 U.S. 471, 475 (1994) ("Absent a waiver, sovereign immunity shields the Federal
Government and its agencies from suit."); 28 U.S.C. § 2680(h) (excepting "[a]ny claim arising
out of ... misrepresentation, deceit, or interference with contract rights" from recovery under the
Federal Tort Claims Act). A separate order of dismissal accompanies this Memorandum
Opinion.
United States District Judge
Date: October~, 2009
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