Maria L. Pereira v. United States

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-5061
MARIA L. PEREIRA,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
Appeal from the United States Court of Federal Claims in 09-CV-035,
Judge Lawrence J. Block.
ON MOTION
Before NEWMAN, RADER, and SCHALL, Circuit Judges.
PER CURIAM.
ORDER
The United States moves to summarily affirm the United States Court of Federal
Claims' dismissal of Maria L. Pereira's complaint for lack of jurisdiction.
Pereira filed a complaint in the Court of Federal Claims, alleging that the United
States owed her $7.5 billion dollars in damages because she was escorted out of a
Department of Justice building by security and due to her subsequent hospital
admission. Pereira's complaint was dismissed for lack of jurisdiction as sounding in
tort. Pereira appealed.
We agree with the United States that summary affirmance is warranted.
Summary affirmance of a case "is appropriate, inter alia when the position of one party

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is so clearly correct as a matter of law that no substantial question regarding the
outcome of the appeal exists." Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir.
1994). The Court of Federal Claims correctly determined that Pereira did not identify a
claim based upon a money-mandating statute, regulation, or constitutional provision
and correctly determined that it does not have jurisdiction over tort claims.
Accordingly,
IT IS ORDERED THAT:
The motion for summary affirmance is granted.
All sides shall bear their own costs.
FOR THE COURT
JUN -3 2009 /s/ Jan Horbaly
Date
cc: Maria L. Pereira
Russell A. Shultis, Esq.
s19
Jan Horbaly
Clerk
I
JUN
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03 woo
JAN HORNAL1
CLERK
2009-5061 2

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