Jackson v. United States , 612 F. App'x 997 ( 2015 )


Menu:
  •        NOTE: This disposition is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    MARK C. JACKSON,
    Plaintiff-Appellant
    v.
    UNITED STATES,
    Defendant-Appellee
    ______________________
    2014-5121
    ______________________
    Appeal from the United States Court of Federal
    Claims in No. 1:14-cv-00277-NBF, Judge Nancy B. Fire-
    stone.
    ______________________
    Decided: May 18, 2015
    ______________________
    MARK C. JACKSON, Starke, FL, pro se.
    MEEN GEU OH, Commercial Litigation Branch, Civil
    Division, United States Department of Justice, Washing-
    ton, DC, for defendant-appellee. Also represented by
    STUART F. DELERY, ROBERT E. KIRSCHMAN, JR., KIRK T.
    MANHARDT.
    ______________________
    2                                             JACKSON   v. US
    PER CURIAM.
    Mark C. Jackson appeals a final order of the United
    States Court of Federal Claims dismissing his complaint.
    See Jackson v. United States, No. 1:14-cv-00277-NBF,
    
    2014 WL 2927157
    (Fed. Cl. June 27, 2014) (“Court of
    Federal Claims Decision”). We affirm.
    On April 10, 2014, Jackson, acting pro se, filed suit in
    the Court of Federal Claims. He alleged that he had been
    improperly denied Social Security benefits, as well as
    vocational rehabilitation benefits from the Department of
    Veterans Affairs (“VA”). Jackson further alleged that he
    had been falsely imprisoned, and that the State of Florida
    had wrongfully suspended his driver’s license for speed-
    ing. In addition, Jackson alleged that he had devised a
    system for using “solar powered upwelling pipes” to
    prevent hurricanes, and asserted that the United States
    was obligated to pay him $10 billion for the use of this
    system. Jackson also asked the Court of Federal Claims
    to issue a declaration stating that he was mentally com-
    petent.
    After carefully analyzing Jackson’s claims, the Court
    of Federal Claims correctly dismissed his complaint. * As
    the court properly concluded, it had no jurisdiction over
    *   The court noted that Jackson was a serial filer
    who had “sought the same or similar relief in” other court
    proceedings. Court of Federal Claims Decision, 
    2014 WL 2927157
    , at *1; see Jackson v. Colvin, No. 3:12–cv–957,
    
    2014 WL 54087
    , at *2 (M.D. Fla. Jan. 3, 2014) (dismissing
    as frivolous Jackson’s claim that he had invented a hurri-
    cane prevention device); Jackson v. United States, 311 F.
    App’x 356 (Fed. Cir. 2008) (summarily affirming the
    Court of Federal Claims’ determination that it lacked
    jurisdiction over Jackson’s claims for Social Security and
    veterans’ benefits).
    JACKSON   v. US                                          3
    Jackson’s claims seeking Social Security benefits. Claims
    seeking such benefits must be filed in district court. See
    42 U.S.C. § 405; Marcus v. United States, 
    909 F.2d 1470
    ,
    1471 (Fed. Cir. 1990). Nor did the Court of Federal
    Claims have authority to adjudicate Jackson’s claim that
    he had been wrongfully denied VA vocational benefits. It
    is the United States Court of Appeals for Veterans
    Claims, not the Court of Federal Claims, which has
    exclusive jurisdiction over veterans’ benefits claims. See
    38 U.S.C. §§ 511(a), 7252(a); see also Hanlin v. United
    States, 
    214 F.3d 1319
    , 1321 (Fed. Cir. 2000).
    The Court of Federal Claims likewise had no authori-
    ty to adjudicate Jackson’s claim seeking damages for false
    imprisonment. Because a claim of false imprisonment
    sounds in tort, it falls outside the court’s jurisdictional
    reach. See 28 U.S.C. § 1491(a)(1); see also Quillin v.
    United States, 
    228 Ct. Cl. 727
    , 727 (1981). Likewise, the
    Court of Federal Claims was without authority to issue a
    declaration stating that Jackson is mentally competent.
    See Nat’l Air Traffic Controllers Ass’n v. United States,
    
    160 F.3d 714
    , 716 (Fed. Cir. 1998) (explaining that “[t]he
    Court of Federal Claims has never been granted general
    authority to issue declaratory judgments”).
    As the Court of Federal Claims properly determined,
    moreover, it had no jurisdiction over Jackson’s claims
    against the State of Florida. Under the Tucker Act, the
    court is vested with authority to adjudicate certain claims
    brought against the United States.         See 28 U.S.C.
    § 1491(a)(1) (providing “jurisdiction to render judgment
    upon any claim against the United States founded either
    upon the Constitution, or any Act of Congress or any
    regulation of an executive department, or upon any ex-
    press or implied contract with the United States, or for
    liquidated or unliquidated damages in cases not sounding
    in tort”). Because the court has no authority over a claim
    seeking damages from a state, however, it could not
    review Jackson’s claim that the State of Florida wrongful-
    4                                               JACKSON   v. US
    ly suspended his license for speeding. See Souders v. S.
    Carolina Pub. Serv. Auth., 
    497 F.3d 1303
    , 1308 (Fed. Cir.
    2007).
    Finally, we conclude that the Court of Federal Claims
    properly dismissed Jackson’s claim seeking $10 billion
    from the United States for the use of his purported hurri-
    cane prevention device. Courts are obligated to dismiss
    “claims whose factual contentions are clearly baseless.”
    Neitzke v. Williams, 
    490 U.S. 319
    , 327 (1989). As the
    Court of Federal Claims correctly determined, Jackson’s
    allegations regarding his purported hurricane prevention
    device were factually frivolous. See Denton v. Hernandez,
    
    504 U.S. 25
    , 33 (1992) (explaining that “a finding of
    factual frivolousness is appropriate when the facts alleged
    rise to the level of the irrational or the wholly incredible”).
    On appeal, Jackson reiterates his argument that the
    VA wrongfully denied him vocational training benefits.
    He further contends that the State of Florida was in-
    volved in a conspiracy to “circumvent [his] Double Jeop-
    ardy Rights” and keep him “unemployable [and] unable to
    vote.” Jackson fails, however, to demonstrate any error in
    the Court of Federal Claims’ decision to dismiss his
    claims. See Trusted Integration, Inc. v. United States, 
    659 F.3d 1159
    , 1163 (Fed. Cir. 2011) (explaining that a plain-
    tiff bears the burden of establishing, by a preponderance
    of the evidence, that the Court of Federal Claims has
    jurisdiction over his claims). Accordingly, we affirm the
    final order of the United States Court of Federal Claims
    dismissing Jackson’s complaint.
    AFFIRMED