Evans v. Suter

District of Columbia

Evans v. Suter

CourtDistrict Court, District of Columbia

DecidedMarch 22, 2013

DocketCivil Action No. 2013-0374

StatusPublished

This text of Evans v. Suter (Evans v. Suter) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Evans v. Suter, (D.D.C. 2013).

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FILED

MAR 2 2 2013 UNITED srATEs DISTRICT couRr clark u s m FGR THE DISTRICT OF COLUMBIA courts rating "é'.~'s'frl§ 3?'5'3'1’,‘$§§13

Tiayon Karde11 Evans, ) ) Piainrirf, ) )

v. ) civil A¢ti@n N@. 13 374 ) Wi11iam K.Suter, ) ) Defendant. )

MEMoRANDUM oPINIoN

This action is before the Court on its initial review of plaintiffs pro se complaint and application to proceed in forma pauperis. The Court will grant the application and dismiss the complaint for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring dismissal of an action "at any time" the Court determines that it lacks subject matter jurisdiction).

Plaintiff, a prisoner at the Federal C0rrectional Institution E1kton in Lisbon, Ohio, sues the Clerk of the United States Supreme Court for refusing to file his application for a writ of habeas corpus addressed to Justice Elena Kagan. Compl. 1111 8-12. P1aintiff seeks $l .2 million in damages. Id. at 5. This Court lacks jurisdiction to review the decisions of the United States Supreme Court, including those of its Clerk of Court. In re Marin, 956 F.2d 339, 340 (D.C. Cir. 1992); see Panko v. Rodak, 606 F.Zd 168, 171 n.6 (7th Cir. 1979), cerl. deniea', 444 U.S. 1081 (1980) ("It seems axiomatic that a lower court may not order the judges or officers of a higher

court to take an action."). Therefore, this case will be dismissed with prejudice. A separate

Order accompanies this Memorandum Opinio l y 7 / / ° °rC

Date: March 'Z(D , 2013 United States District Judge

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(m

FILED

MAR 2 2 2013 UNITED srATEs DISTRICT couRr clark u s m FGR THE DISTRICT OF COLUMBIA courts rating "é'.~'s'frl§ 3?'5'3'1’,‘$§§13

Tiayon Karde11 Evans, ) ) Piainrirf, ) )

v. ) civil A¢ti@n N@. 13 374 ) Wi11iam K.Suter, ) ) Defendant. )

MEMoRANDUM oPINIoN

This action is before the Court on its initial review of plaintiffs pro se complaint and application to proceed in forma pauperis. The Court will grant the application and dismiss the complaint for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring dismissal of an action "at any time" the Court determines that it lacks subject matter jurisdiction).

Plaintiff, a prisoner at the Federal C0rrectional Institution E1kton in Lisbon, Ohio, sues the Clerk of the United States Supreme Court for refusing to file his application for a writ of habeas corpus addressed to Justice Elena Kagan. Compl. 1111 8-12. P1aintiff seeks $l .2 million in damages. Id. at 5. This Court lacks jurisdiction to review the decisions of the United States Supreme Court, including those of its Clerk of Court. In re Marin, 956 F.2d 339, 340 (D.C. Cir. 1992); see Panko v. Rodak, 606 F.Zd 168, 171 n.6 (7th Cir. 1979), cerl. deniea', 444 U.S. 1081 (1980) ("It seems axiomatic that a lower court may not order the judges or officers of a higher

court to take an action."). Therefore, this case will be dismissed with prejudice. A separate

Order accompanies this Memorandum Opinio l y 7 / / ° °rC

Date: March 'Z(D , 2013 United States District Judge

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