Dismissal But No Prejudice

October 28, 2016

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In August 2016, pro se plaintiff Lewis R. Morgan filed a motion under Rule 7 seeking to transfer his case from state circuit court to the Court of Federal Claims. The Court treated the motion as a complaint, in which Morgan asserted an action in equity as well as several breaches of contract for deprivation of the use of his truck and trailer. Morgan stated the breaches stemmed from his alleged insurance carrier Harford Casualty Insurance Group’s failure to pay replacement costs for the vehicle he had totaled, and from Linn County Federal Credit Union for unspecified contracts.

Morgan later amended his complaint, seeking declaratory judgment and relief from the State of Oregon (LINN CO FCU), alleging several new claims. The claims included allegations that the State of Oregon is absconding with and restricting Plaintiff’s use of his assets, that Morgan is subject to unfair debt collection practices, and that the State of Oregon assaulted him, his family, and his property, and took his son hostage for a $30,000 ransom.

The Court ultimately dismissed Morgan’s lawsuit without prejudice, explaining that although Morgan listed the United States as a defendant, his allegations were solely related to the State of Oregon and private companies, and therefore were not proper claims before the Court. The Court therefore held that it lacked subject matter jurisdiction over this lawsuit.

Read Judge Kaplan’s decision here.

 



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