Reed v. United States

OPINION

LYDON, Senior Judge:

This military pay case is before the court on defendant’s motion to dismiss plaintiff’s complaint for lack of subject matter jurisdiction, pursuant to RUSCC 12(b)(1), and on the parties’ cross-motions for summary judgment. Based on the parties’ submissions, oral argument having been deemed unnecessary, the court concludes that the complaint must be dismissed.

FACTS

The following facts are not in dispute. Plaintiff Jeffery A. Reed (Reed) is a former Sergeant E-5 in the United States Army who is currently imprisoned in the United States Disciplinary Barracks in Fort…