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Type
Opinion of the Court
Author
Sharon Prost
Filed
Oct. 2, 2002
Case
Schwasinger v. United States
Case status
Decided

Opening text

The first passage of the document, as extracted by the source provider.

ORDER PROST, Circuit Judge. The United States moves to summarily affirm the judgment of the United States Court of Federal Claims dismissing Roy E. Schwasinger’s complaint on the basis of collateral estoppel and for lack of jurisdiction. Schwasinger opposes. The United States replies. Schwasinger files numerous motions seeking various relief, including remand of his case to the Colorado Supreme Court and to the Colorado Attorney General and that this court “[rjelease Roy E. Schwasinger from the Federal Correctional Institute.” The United States opposes and moves for leave to file oppositions to two of Schwasinger’s motions out of time, with oppositions attached. Schwasinger filed a complaint making various assertions against federal agents, “claiming that real and personal property were improperly seized and that he was incorrectly incarcerated.” Because Schwa-singer had previously filed “two similar complaints” in the Court of Federal Claims, both of which had been dismissed for lack of subject matter jurisdiction, the trial court held that the doctrine of collateral estoppel deprived it of jurisdiction to consider Schwasinger’s search and seizure claim. With regard to Schwasinger…

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