Mary Florence Humphrey Wirt v. United States

ORDER

MOODY R. TIDWELL, III, Judge:

This case is before the court on defendant’s motion to dismiss for lack of subject matter jurisdiction. Though plaintiff has not had the opportunity to respond to defendant’s motion, the court may address its jurisdiction sua sponte. Johns-Manville Corp. v. United States, 893 F.2d 324, 328 (Fed.Cir.1989); Arctic Corner, Inc. v. United States, 845 F.2d 999, 1000 (Fed.Cir. 1988). After careful consideration of defendant’s brief as well as relevant statutes and case law, the court grants defendant’s motion to dismiss.

FACTS

Plaintiff, Mary Wirt, alleged that her…