NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-5110
JUAN BENITO CASTRO,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
.
Juan Benito Castro, of Bruceton Mills, West Virginia, pro se.
William P. Rayel, Trial Attorney, Commercial Litigation Branch, Civil Division,
United States Department of Justice, of Washington, DC, for defendant-appellee. With
him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson,
Director, and Harold D. Lester, Jr., Assistant Director.
Appealed from: United States Court of Federal Claims
Senior Judge Loren A. Smith
NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-5110
JUAN BENITO CASTRO,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
Appeal from the United States Court of Federal Claims in 08-CV-817,
Senior Judge Loren A. Smith.
___________________________
DECIDED: February 2, 2010
___________________________
Before MICHEL, Chief Judge, NEWMAN, and DYK, Circuit Judges.
PER CURIAM.
Juan Benito Castro (“Castro”) appeals from a final judgment of the United States
Court of Federal Claims, dismissing Castro’s complaint against the United States for
lack of subject matter jurisdiction without prejudice. See Castro v. United States, 87
Fed. Cl. 182 (2009). We affirm the dismissal.
BACKGROUND
Castro is a federal prisoner in Hazelton Prison in West Virginia. On November
17, 2008, Castro filed a complaint against the United States. In a May 28, 2009,
Opinion and Order, the Court of Federal Claims construed Castro’s complaint as a claim
for monetary relief for unjust imprisonment pursuant to 28 U.S.C. §§ 1495 and 2513.
Castro, 87 Fed. Cl. at 182-83. The court then determined that Castro had not satisfied
§ 2513, a requisite for jurisdiction under § 1495. Id. at 183. As a result, the court
dismissed Castro’s complaint for lack of subject matter jurisdiction under § 1495 and
entered judgment for the United States. Castro appealed, and we have jurisdiction
pursuant to 28 U.S.C. § 1295(a)(3).
DISCUSSION
The scope of our review in an appeal from a Court of Federal Claims’ judgment is
limited. We must affirm the Court of Federal Claims’ judgment unless it is “premised on
clearly erroneous factual determinations or otherwise incorrect as a matter of law.”
Wheeler v. United States, 11 F.3d 156, 158 (Fed. Cir. 1993). We review “de novo
whether the Court of Federal Claims possessed jurisdiction.” Id. at 158; see also Dehne
v. United States, 970 F.2d 890, 892 (Fed. Cir. 1992).
It appears that Castro’s complaint seeks monetary relief for unjust imprisonment.
Under 28 U.S.C. § 1495, the Court of Federal Claims has “jurisdiction to render
judgment upon any claim for damages by any person unjustly convicted of an offense
against the United States.” In order to state a claim for relief, a claimant must allege
that he satisfies the requirements set forth in 28 U.S.C. § 2513. 28 U.S.C. § 2513. As
the Court of Federal Claims pointed out, § 2513 required Castro to allege and prove
that:
2009-5110 2
(1) His conviction has been reversed or set aside on the ground that he
is not guilty of the offense of which he was convicted, or on new trial or
rehearing he was found not guilty of such offense, as appears from the
record or certificate of the court setting aside or reversing such conviction,
or that he has been pardoned upon the stated ground of innocence and
unjust conviction and
(2) He did not commit any of the acts charged or his acts, deeds, or
omissions in connection with such charge constituted no offense against
the United States, or any State, Territory or the District of Columbia, and
he did not by misconduct or neglect cause or bring about his own
prosecution.
28 U.S.C. § 2513(a). The Court of Federal Claims found that Castro had not alleged
that the requirements of § 2513 had been met. We do not see an error in the Court of
Federal Claims’ determination. Indeed, given that Castro is currently incarcerated in a
federal prison, it seems likely that his conviction has not been reversed or set aside. If
we were to construe the complaint as alleging a violation of the Takings Clause of the
Fifth Amendment, the complaint would also fail to state a claim. Castro has failed to
make non-frivolous allegations that would state a claim under either § 2513 or a takings
theory.
For the aforementioned reasons, we affirm the judgment of dismissal for want of
jurisdiction.
COSTS
No costs.
2009-5110 3