Case Details
- Judge(s)
- Patricia E. Campbell-Smith
- Status
- Published
- Procedural Posture
- motion to dismiss - granted in part, denied in part; final judgment entered on termination claim; suspension claim transferred to district court
Related Laws
No specific laws identified for this ruling.
Outcome
Court granted defendant's motion to dismiss as to plaintiff's termination claim and entered final judgment in defendant's favor, while denying the motion as to the suspension claim and transferring it to District Court for the District of Vermont.
Excerpt
REPORTED OPINION granting in part (as to plaintiff's claim related to his termination for default) and denying in part (as to plaintff's claim related to his suspension) Motion to Dismiss - Rule 12(b)(1) and (6). Pursuant to RCFC 54(b), as there is no just reason for delay, the clerk's office is directed to ENTER final judgment in defendant's favor as to plaintiff's claim related to his termination for default, and DISMISS plaintiff's claim with prejudice.The clerk's office is further directed to TRANSFER, pursuant to 28 U.S.C.Section 1631, plaintiff's claim related to his suspension to the United States District Court for the District of Vermont. Signed by Judge Patricia E. Campbell-Smith. (TQ) Service on parties made plaintiff served via U.S. mail.
Similar Rulings
ORDER denying plaintiff&039;s [13] IFP application. The Clerk of Court is directed to MODIFY the docket entry at ECF 18 to indicate that that submission is a "Supplement to 17 Reply to Response to Motion re 13 Motion for Leave to Proceed in forma pauperis." Per the Courts March 5, March 6, and March 9, 2026 orders (ECF 7, 10, 12), the April 6, 2026 deadline for plaintiff to pay &036;405 in fees remains in effect, and failure to meet that deadline will result in dismissal of this action for failure to prosecute under RCFC 41(b). Plaintiff&039;s "Motion for Disposition on the Papers and Determination of Contractual Tender" (ECF [14]) is DENIED as premature. The Clerk of Court is directed to REJECT plaintiff&039;s defective filings received on March 9 and 10, 2026. The Clerk of Court is directed to RETURN plaintiff&039;s March 9, 2026 submission (American Art Classics Pack of 50-Martin Luther King Jr.-MLK Commemorative Million Dollar Bill) by certified mail to Mr. Mazie&039;s record address
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