DocketNumber: No. 2010-5106
Citation Numbers: 407 F. App'x 428
Judges: Friedman, Lourie, Newman
Filed Date: 1/13/2011
Status: Precedential
Modified Date: 11/25/2022
Ms. Donna Marie Conner appeals the decision the United States Court of Federal Claims dismissing her complaint for lack of jurisdiction and for failure to state a claim upon which relief may be granted.
Background
By complaint filed December 22, 2009, Ms. Conner presents claims against various entities and employees of the Commonwealth of Virginia, the United States Equal Employment Opportunity Commission (EEOC), the Department of Justice (DOJ), district judges of the United States District Court for the Eastern District of Virginia, and the Supreme Court of the United States. She states that the Court of Federal Claims has jurisdiction under the Tucker Act.
Ms. Conner states that she suffered employment discrimination, racial discrimination, and religious discrimination at her employment at York County Head Start. She also states that entities and employees of Virginia did not investigate the discrimination claim or were involved in invasions of privacy and theft of intellectual property. She also states that the EEOC mishandled her discrimination complaint against York County, the DOJ did not help her with her complaints concerning the EEOC, the state and federal courts mishandled her case, and the Supreme Court did not protect her rights.
The Court of Federal Claims dismissed Ms. Conner’s complaint, giving two reasons: first, that the court does not have jurisdiction to hear cases brought against states or private organizations or individuals, and second, that Ms. Conner’s claims against the federal government do not state a claim for which relief may be granted. Ms. Conner now appeals to this court.
Discussion
A court’s determination of its own jurisdiction, receives plenary review. Mudge v. United States, 308 F.3d 1220, 1224 (Fed. Cir.2002). In reviewing a dismissal for failure to state a claim upon which relief may be granted, we apply the same standard as did the Court of Federal Claims. Acceptance Ins. Cos., Inc. v. United States, 583 F.3d 849, 853-54 (Fed.Cir.2009), cert. denied, — U.S. -, 130 S.Ct. 2402, 176 L.Ed.2d 922 (2010).
Jurisdiction is the power of a court to act. The Tucker Act provides:
*429 The United States Court of Federal Claims shall have 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 express or implied contract with the United States, or for liquidated or unliquidated damages in cases not sounding in tort.
No costs.
AFFIRMED. MOTIONS DISMISSED.
. Conner v. United States, No. 09-880C (Fed. Cl. Mar. 23, 2010).