Allen v. United States

OPINION

SMITH, Chief Judge.

This matter is before the court on defendant’s Motion to Dismiss. Defendant contends that plaintiffs claims should be dismissed pursuant to RCFC 12(b)(1) and 12(b)(4), as barred by the six-year statute of limitations, 28 U.S.C. § 2501, or in the alternative, the waiver doctrine. After reviewing the briefs and hearing oral argument, the court hereby GRANTS defendant’s motion.

FACTS

Plaintiff, Michael H. Allen, is a retired Navy Radioman who, while living in the Philippines, was arrested and court-martialed for conducting espionage on behalf of the Government of the…