Kim v. United States

Case: 26-2010 Document: 15 Page: 1 Filed: 08/26/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________

TONGSUN KIM, GWANJUN KIM,

Plaintiffs-Appellants v. UNITED STATES, Defendant-Appellee ______________________ 2026-2010 ______________________

Appeal from the United States Court of Federal Claims in No. 1:26-cv-00297-MHS, Chief Judge Matthew H. Sol- omson.

______________________ ON MOTION ______________________

Before LOURIE, PROST, and REYNA, Circuit Judges. PER CURIAM.

ORDER

Tongsun Kim and Gwanjun Kim (collectively, “the Kims”) move for leave to proceed in forma pauperis (“IFP”) and submit their opening brief. For the following reasons, we summarily affirm the judgment of the United States Case: 26-2010 Document: 15 Page: 2 Filed: 08/26/2026 2 KIM v. US Court of Federal Claims and deny as moot the motion to proceed IFP.

The Kims brought this suit alleging tort claims against the State of Michigan, state officials, and state entities based on the handling of their unemployment benefits and workers’ disability compensation claims. The United States Court of Federal Claims dismissed for lack of juris- diction and denied their motion for reconsideration. The Kims appeal.

Summary affirmance is appropriate here because “no substantial question regarding the outcome of the appeal exists.” Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994). The Tucker Act, 28 U.S.C. § 1491, grants the Court of Federal Claims jurisdiction only over claims for money damages “not sounding in tort” against the United States government. The Kims’ claims here are clearly outside of that limited jurisdictional authority.

Accordingly, IT IS ORDERED THAT: (1) The motions for leave to proceed in forma pauperis are denied as moot.

(2) The judgment of the United States Court of Federal Claims is summarily affirmed.

(3) Each side shall bear its own costs.

FOR THE COURT August 26, 2026

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