This morning the Federal Circuit released a nonprecedential opinion affirming a judgment of the Court of Federal Claims in a pro se case. The Federal Circuit also released a summary affirmance under Rule 36. Here is the introduction to the opinion and a link to the Rule 36 judgment.
Ibanez v. United States (Nonprecedential)
Pedro Ibanez appeals from a decision of the U.S. Court of Federal Claims (“the Claims Court”) dismissing his copyright infringement claims sua sponte pursuant to Rule 12(h)(3) of the Rules of the Court of Federal Claims (“RCFC”) for lack of subject-matter jurisdiction. Ibanez v. United States, No. 23-767, 2023 WL 4715176 (Fed. Cl. July, 24 2023) (“Decision”).
For the following reasons, we affirm that dismissal, but we do so on the ground that Ibanez failed to state a claim upon which relief can be granted under RCFC 12(b)(6).