No. 06-5245.United States Court of Appeals, District of Columbia Circuit.
Filed On: April 25, 2007.
BEFORE: Rogers, Brown, and Kavanaugh, Circuit Judges.
ORDER
Per Curiam
Upon consideration of the order to show cause filed January 31, 2007, and the response thereto; and the motion for summary affirmance and the response thereto, it is
ORDERED that the order to show cause be discharged. It is
FURTHER ORDERED that the motion for summary affirmance be granted. The merits of the parties’ positions are so clear as to warrant summary action. See TaxpayersWatchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam).
The district court correctly dismissed appellant’s Administrative Procedures Act claim — arising from appellee’s purported refusal to register the Cessna — for lack of subject matter jurisdiction. The district court also correctly dismissed appellant’s Fifth Amendment “takings clause” claim for lack of subject matter jurisdiction. United States District Courts do not have jurisdiction over takings claims for compensation in excess of $10,000. Under the Tucker Act, 28 U.S.C. § 1491(a), the United States Court of Federal Claims has exclusive original jurisdiction. See RailwayLabor Executives’ Ass’n v. U.S., 987 F.2d 806, 816 (D.C. Cir. 1993).
Finally, appellant failed to state a claim against the former Secretary of Transportation. Appellant made no allegations concerning the former Secretary’s personal involvement in committing any constitutional torts. See Simpkinsv. D.C. Government, 108 F.3d 366, 369 (D.C. Cir. 1997) (citation omitted). Liability under Bivens v. Six UnknownNames Agents of Federal Bureau of Narcotics, 403 U.S. 388
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(1971), cannot be based on a theory of respondeat superior. See Cameron v. Thornburgh, 983 F.2d 253, 258 (D.C. Cir. 1993) (citing Monell v. Dep’tof Social Services, 436 U.S. 658, 691 (1978)).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc.See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.
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