Doe v. United States

OPINION

YOCK, Judge.

This contract action comes before the Court on the defendant’s motion to dismiss for lack of jurisdiction or, in the alternative, failure to state a claim, under Rules 12(b)(1) and (4) of the Rules of the United States Court of Federal Claims (RCFC). For the following reasons, the Court finds that it is without jurisdiction over this action.

Factual Background1

In this action, the plaintiff asserts that the Government breached an express or implied-in-fact contract to file a motion in the criminal case against the plaintiff to reduce his sentence pursuant to Fed.R.CrimJP.…