Hafed v. United States Supreme Court

Opinion

I~"LED Eli 2 0 2009 NANCY j 4AYER WHITTINGTON, CLERK UNITED STATES DISTRICT COURT /' S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Shaaban Shaaban Hafed, ) ) Plaintiff, ) ) v. ) ) Civil Action No. 09 0327 United States Supreme Court et at., ) ) Defendants. )

MEMORANDUM OPINION

This matter is before the Court on 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. I

Plaintiff is a prisoner at the United States Penitentiary in Florence, Colorado, suing the

United States Supreme Court and Chief Justice John G. Roberts, Jr., for the alleged denial of his

petition for a writ of certiorari. He seeks injunctive relief and $1 in "punitive"damages. CompI.

at 14. This Court lacks subject matter jurisdiction to review the decisions of the Supreme Court.

In re Marin, 956 F.2d 339 (D.C. Cir. 1992). "It seems axiomatic that a lower court may not order

the judges or officers of a higher court to take an action." Panko v. Rodak, 606 F .2d 168, 171 n.6

(7th Cir. 1979), cert. denied, 444 U.S. 1081 (1980). Accordingly, the complaint is dismissed. A

separate Order accompanies this Memorandum Opinion.

21~L J f£vu~ United States District Judge Date: February ~, 2009

I "If the court determines at any time that it lacks subject-matter jurisdiction, the court

must dismiss the action." Fed. R. Civ. P. 12(h)(3).

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