Cummings v. United States

U.S. Court of Appeals for the Federal Circuit

Cummings v. United States

Opinion

Case: 25-1292 Document: 6 Page: 1 Filed: 03/19/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ELISHA CUMMINGS, Plaintiff-Appellant

v.

UNITED STATES, Defendant-Appellee ______________________

2025-1292 ______________________

Appeal from the United States Court of Federal Claims in No. 1:24-cv-00949-MRS, Judge Molly R. Silfen. ______________________

ON MOTION ______________________

Before DYK, PROST, and CHEN, Circuit Judges. PER CURIAM. ORDER The United States moves to summarily affirm the judg- ment of the United States Court of Federal Claims dismiss- ing Elisha Cummings’s complaint over a private landlord- tenant dispute for lack of jurisdiction. Ms. Cummings has not responded but has filed an opening brief. Case: 25-1292 Document: 6 Page: 2 Filed: 03/19/2025

2 CUMMINGS v. US

The Court of Federal Claims has jurisdiction only over certain monetary claims against the United States “not sounding in tort,” 28 U.S.C. § 1491(a)(1); United States v. Sherwood, 312 U.S. 584, 588 (1941). Here, the trial court was clearly correct that it could not entertain Ms. Cum- mings’s claims over her private-property dispute. After considering all of Ms. Cummings’s arguments in her open- ing brief, the court agrees with the government that sum- mary affirmance is appropriate because dismissal was “so clearly correct as a matter of law that no substantial ques- tion regarding the outcome of the appeal exists.” Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994). Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The judgment of the United States Court of Federal Claims is affirmed. (2) Each party shall bear its own costs. FOR THE COURT

March 19, 2025 Date

Reference

Status
Unpublished