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Joshua v. United States

United States Court of Appeals for the Federal Circuit

February 18, 1994, Decided

93-5170

Opinion

 [*379]  ON MOTION

PLAGER, Circuit Judge

ORDER

This matter brings before us the question of the appropriate standard for summary disposition of an appeal when there has not yet been full briefing of the merits, and no oral argument has been held or allowed. We must then apply that standard to the circumstances of the case before us.

The United States moves for summary affirmance of the Court of Federal Claims' June 3, 1993 order dismissing Roynell Joshua's complaint for lack of jurisdiction. Joshua argues that the United States' motion is improper and requests that sanctions be imposed.

BACKGROUND

Joshua filed a complaint in the Court of Federal Claims seeking $ 36 billion [**2]  in damages resulting from the dismissal of his case by the United States District Court for the Western District of Louisiana. On June 3, 1993, the Court of Federal Claims issued an order stating:

Plaintiff forwarded a complaint in the above-styled action that was received by the court on June 1, 1993. Plaintiff seeks damages and costs, and various forms of specific performance, allegedly arising out of a civil action brought by plaintiff and others in the United States District Court for the Western District of Louisiana. The Clerk of the Court and a Judge are also named defendants. Plaintiff appears pro se and the claim included a petition to proceed in forma pauperis. The petition to proceed in forma pauperis is granted, the complaint is filed, and dismissed, sua sponte, with prejudice for reasons set forth below.

Plaintiff, who is presently incarcerated in the Louisiana State Penitentiary at Angola, LA, alleges that the two officers of the court acted in various ways by "scheme and design" to deprive plaintiff of a finding under the Declaratory Judgment Act, 28 U.S.C. § 2201 of a denial of his rights to protection under the Thirteenth Amendment [**3]  from slavery and involuntary servitude. The court's actions allegedly violated several provisions of Title 18, the criminal code, and deprived plaintiff of his Constitutional rights under the Fifth Amendment to due process and equal protection of law. The criminal acts complained of include conspiracy, fraud, perjury, and malfeasance in office.

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17 F.3d 378 *; 1994 U.S. App. LEXIS 3020 **; 28 Fed. R. Serv. 3d (Callaghan) 112

ROYNELL JOSHUA, Plaintiff-Appellant, v. THE UNITED STATES, Defendant-Appellee.

Prior History:  [**1]  Appealed from: U.S. Court of Federal Claims. Judge Tidwell

CORE TERMS

summary affirmance, district court

Civil Procedure, Appeals, General Overview, Dismissal of Appeals, Involuntary Dismissals