Case: 22-1535 Document: 14 Page: 1 Filed: 04/22/2022
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RICHARD LOUIS BUTLER, JR.,
Plaintiff-Appellant
v.
UNITED STATES,
Defendant-Appellee
______________________
2022-1535
______________________
Appeal from the United States Court of Federal Claims
in No. 1:21-cv-02024-CFL, Senior Judge Charles F. Lettow.
______________________
ON MOTION
______________________
PER CURIAM.
ORDER
Richard Louis Butler, Jr., appeals from the judgment
of the United States Court of Federal Claims dismissing
his complaint for lack of jurisdiction. He also moves for
leave to proceed in forma pauperis, appointment of counsel,
and a temporary restraining order. We summarily affirm.
Mr. Butler filed a complaint at the Court of Federal
Claims seeking compensation against “the entire African
Case: 22-1535 Document: 14 Page: 2 Filed: 04/22/2022
2 BUTLER v. US
[i]mmigrant community employed by the Texas Depart-
ment of Criminal Justice prison system.” See ECF No. 1-2
at 7. On December 14, 2021, the Court of Federal Claims
denied Mr. Butler’s motion to appoint counsel, concluding
that he had not presented claims that permit civil legal as-
sistance to be appointed by the court. And on January 24,
2022, the Court of Federal Claims granted the govern-
ment’s motion to dismiss for lack of subject matter jurisdic-
tion. This appeal followed.
We conclude that summary affirmance is appropriate
here because the merits of the parties’ positions are so clear
as to warrant summary action. See Joshua v. United
States,
17 F.3d 378, 380 (Fed. Cir. 1994). The Court of Fed-
eral Claims was clearly correct that it lacked jurisdiction
to render judgment on Mr. Butler’s claims against employ-
ees of a state prison. See United States v. Sherwood,
312
U.S. 584, 588 (1941) (holding Court of Federal Claims may
only hear claims against the United States). Given that
conclusion, there was no error to deny Mr. Butler’s request
to appoint him counsel. See Omran v. United States, 629
F. App’x 1005, 1008 (Fed. Cir. 2015).
Accordingly,
IT IS ORDERED THAT:
(1) The judgment of the United States Court of Federal
Claims is affirmed.
(2) All pending motions are denied as moot.
(3) Each side shall bear its own costs.
FOR THE COURT
April 22, 2022 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court
