Futch v. Fine

• Court: District Court, District of Columbia
• Decided: March 5, 2009
• Docket: Civil Action No. 2009-0420
• Status: Published

Opinion

FILED UNITED STATES DISTRICT COURT MAR - 5 2009 FOR THE DISTRICT OF COLUMBIA NANCY MAYER WHmINGTON. CLERK U.S. DISTRICT COURT John Randall Futch, ) ) Plaintiff, ) ) v. ) Civil Action No. ) ) 09 0420 Glenn Fine, ) Defendant. )

MEMORANDUM OPINION

This matter is before the Court on plaintiff s pro se complaint and his application to

proceed in forma pauperis. The Court will grant the application to proceed in forma pauperis

and dismiss the complaint.

Plaintiff, a federal prisoner currently confined to a segregated housing unit for his own

protection, has filed a complaint under 42 U.S.C. § 1983 for injunctive relief, alleging that his

due process rights have been violated because the defendant, the Inspector General for the United

States Department of Justice, has not conducted an investigation that plaintiff requested. There

is, however, no such thing as a due process right to an investigation by the Department of

Justice's Inspector General, and plaintiff has not identified any other way in which his due

process rights might have been violated. Therefore, plaintiff has not stated a claim under 42

U.S.C. § 1983 upon which relief may be granted. Federal law obligates this Court to dismiss this

complaint. 28 U.S.C. § 1915A(b)(1) (requiring a court to dismiss a complaint if it fails to state a

claim upon which relief may be granted). A final order accompanies this memorandum opinion.

Date: United States District Judge

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