McCarron v. United States

MEMORANDUM OPINION AND ORDER

MILLER, Judge.

This case is before the court on defendant’s RCFC 12(b)(6) motion to dismiss Count II of plaintiffs complaint for failure to state a claim upon which relief can be granted. On June 20, 2008, pursuant to RCFC 12(b)(1), this court granted defendant’s motion to dismiss Count I of plaintiffs complaint, ruling that the Back Pay Act, 5 U.S.C. § 5596(b)(l)(A)(i) (2000), independently does not confer jurisdiction, absent a claim based on the violation of a statute or regulation that mandates the payment of money, and also that Title II of the Family and…