William Pikulin v. United States

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

WILLIAM PIKULIN,
Plaintiff-Appellant,
v.
UNITED STATES
Defendant-Appellee.

2011-5060

Appeal from the United States Court of Federal
Claims in case no. 11-CV-046, Judge Margaret M.
Sweeney.

ON MOTION

Before NEWMAN, SCHALL, and DYK, Circuit Judges.
PER CURIAM.

## ORDER

William Pikulin moves to stay proceedings. The
United States opposes, moves to dismiss the appeal as
frivolous and in the alternative moves to summarily
affirm the judgment of the United States Court of Federal

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Claims. Pikulin moves to strike the United States' re-
sponse and also moves for sanctions. The United States
opposes Pikulin's motions.

Pikulin filed a complaint in the Court of Federal
Claims against President Barack Obama and various
government officials in connection with his loss of con-
tracts with the City University of New York in the late
1980's. The Court of Federal Claims dismissed the com-
plaint, finding it lacked jurisdiction over Pikulin's allega-
tions that the defendants violated various criminal and
civil rights laws, etc .. The Court of Federal claims also
found that Pikulin's claims were time-barred. The Court
of Federal Claims further found Pikulin's complaint
frivolous, noting that he had filed five related suits in the
Court of Federal Claims, as well as numerous suits in the
United States District Courts for the Southern and East-
ern Districts of New York. Pikulin appeals.
\-

An appeal is frivolous when an appellant grounds his
appeal on arguments or issues that are "beyond the
reasonable contemplation of fair-minded people." Abbs v.
Principi, 237 F.3d 1342, 1345 (Fed. Cir. 2001). Moreover,
an appeal as to which "no basis for reversal in law or fact
can be or is even arguably shown" is frivolous. State
Indus., Inc. v. Mor-Flo Indus., Inc., 948 F.2d 1573, 1578
(Fed. Cir. 1991). Such an appeal unnecessarily wastes
the limited resources of the court as well as those of the
appellee. Id.

When an appellant is proceeding in forma pauperis,
as Pikulin is in this appeal, "the court shall dismiss the
case at any time if the court determines that ... the
action or appeal . . . is frivolous ... . " 28 U.S.C. §
1915(e)(2). In the papers submitted, Pikulin provides no
basis for jurisdiction in the Court of Federal Claims and
makes no arguments concerning the Court of Federal

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Claims determination that his complaint was time-
barred.

Upon consideration thereof,

IT IS ORDERED THAT:

(1) The United States' motion to dismiss the appeal
as frivolous is granted.

(2) Pikulin's motions to stay the briefing schedule
and strike and for sanctions are denied. All other motions
are moot.

(3) Each side shall bear its own costs.

FOR THE COURT

JUL 7 2011

- /s/ Jan Horbaly

Date

Jan Horbaly Clerk

FILED U.S. COURT OF APPEALS FOR

cc: William Pikulin

THE FEDERAL CIRCUIT

John S. Groat, Esq.

JUL 0 7 2011

s20

Issued As A Mandate:

JUL

7 2011

JAN HORBALY

CLERK