Loeh v. United States

ORDER GRANTING THE UNITED STATES’ MOTION TO DISMISS

FIRESTONE, Judge.

Pending before the court is the motion to dismiss filed by the United States (“government”), pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims (“RCFC”). The government contends that the claim of the pro se plaintiff, Robert L. Loeh (“plaintiff’ or “Loeh”), for military retirement pay following his court-martial conviction and punitive discharge from the United States Navy (“Navy”)1 fails for lack of subject matter jurisdiction or, in the alternative, fails to state a claim upon…