Berry v. United States

OPINION

ROBINSON, Judge:

This matter is before the Court-on both Defendant’s Motion to Dismiss and Supplemental Motion to Dismiss, the basis for each being that the Complaint should be dismissed for lack of subject matter jurisdiction pursuant to RUSCC 12(b)(1).1 Plaintiff, Sylvester Berry, seeks damages, including back pay, benefits, and reinstatement to the United States Marshals Service (USMS or Service). Plaintiff alleges four claims arising out of the USMS’s removal of him from the Service. This Court finds that it lacks jurisdiction over this matter.

Factual Background

Plaintiff, a black…