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219 Ct. Cl. 585

Moore

United States Court of Claims

Decided January 12, 1979

United States Court of Claims · decided 1979-01-12

Cited by 1 later decisions — most recently July 1987

1 district ·

Applies 28 U.S.C. § 1495

Relies on Vincin v. United States · Vincin v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 1979-01-12

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¶1Plaintiff claims $3,350,000 for his alleged wrongful conviction and incarceration and for his release from Walpole Federal Penitentiary. Plaintiff alleges that he remains a prisoner due to no fault of his own but rather due to the neglect and failure to act by certain unidentified agents, judges, justices, and other officers of the United States upon his requests for a writ of habeas corpus. Our jurisdiction in such matters is limited by 28 U.S.C. §§ 1495, 2513. These two sections must be read together. Plaintiff has not made the showing required by these sections of the law. Plainly, plaintiff has failed to state a claim upon which relief can be granted by this court which lacks jurisdiction over the subject matter of this claim. Vincin v. United States, 199 Ct. Cl. 762, 468 F.2d 930 (1972).

¶2it is therefore ordered that defendant’s motion to dismiss be and it is granted. The petition is dismissed.

¶3Plaintiffs motion for rehearing was denied October 26, 1979.

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