425 F. App'x 902 | Fed. Cir. | 2011

\ NOTE: This order is nonprecedential United States Court of Appeals for the FederaI Circuit WILLIAM PIKULIN, Plaintiff-Appellant, V. UNITED STATES Defendant-Appellee. 2011-506O - Appeal from the United States C0urt of Federal Claims in case no. 11-CV-046, Judge Margaret M. Sweeney. ON MOTION Before NEWMAN, SCHALL, and DYK, Circuit Judges. PER CUR1AM. ORDER William Pikulin moves to stay proceedings The United States opp0ses, moves to dismiss the appeal as frivolous and in the alternative moves to summarily affirm the judgment of the United States Court of Federal PlKULIN V. US 2 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 Y0rk 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 u. Prin.cipi, 237 F.3d 1342, 1345 (Fed. Cir. 2001). lVIoreover, an appeal as to which "no basis for reversal in law or fact can be or is even arguably shown" is frivolous. State Indus., In.c. v. Mor-F'lo 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 4 3 P1KULlN v. Us Claims determination that his complaint was time- barred. Upon consideration thereof, IT ls 0RDERED 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
 7  /s/ J an Horbaly Date J an H0rbaly clerk men _ _ _ _ U.S. COURT OF APPEALS FOR cci W1ll1am P1kul1n THE FEDERAL C|RCUIT J h S. G t, E . s20 lssued As A Mandate: Jl.ll_ _l__2mg1 -lANcY|ll“BALY 
© 2024 Midpage AI does not provide legal advice. By using midpage, you consent to our Terms and Conditions.