McAllister v. United States

OPINION

MARGOLIS, Senior Judge.

This matter comes before the Court on defendant’s Motion to Dismiss, filed February 27, 2012. The Court finds that plaintiff has failed to state a claim on which relief can be granted because the Federal Back Pay Act does not allow an attorney to directly sue for fees and because the Federal General Schedule is not a money-mandating source with respect to plaintiff. Thus, the Court grants defendant’s motion.

I. Background

Plaintiff Dennis P. McAlister is pro se. In his Amended Complaint, he alleges that he is an attorney admitted to practice in New York and that he…