Opinion
Civil Action No. 17-0925 (UNA)
05-30-2017
TERRANCE BREAZIL, Plaintiff, v. JACOB C. TRAVERS, et al., Defendants.
MEMORANDUM OPINION
The plaintiff "is . . . a prisoner of the State of New York" and "is currently confined at the Attica Correctional Facility." Compl. ¶ 3. He alleges that the Clerk of the Supreme Court and a Case Analyst, see id. ¶ 4, returned the plaintiff's application for an extension of time, see id. ¶¶ 11, 13, and refused to forward a separate application to an individual Supreme Court Justice, see id. ¶¶ 14-15. Thus, the plaintiff contends, these defendants "violated [his] First, Fifth and Fourteenth Amendments Rights under the United States Constitution, thereby denying [the plaintiff] his Due Process Rights of access to the Court." Id. ¶ 17. The plaintiff demands a declaratory judgment, id. ¶ 19, compensatory and punitive damages, id. ¶¶ 21, 22, and injunctive relief in the form of an order directing the defendants to "transmit [his] application to the appropriate justice for review, or to file such writ," id. ¶ 20.
The Clerk of the Supreme Court is the designated recipient of all documents filed with the Supreme Court, and is authorized to reject any filing that does not comply with the applicable rules and orders. See Sup. Ct. R. 1. This Court has no authority to determine what action, if any, must be taken by the Supreme Court and its administrative officers. See Miller v. Harris, 599 F. App'x 1 (D.C. Cir. 2015) ("The district court correctly determined it lacked jurisdiction to review 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.) (per curiam) ("We are aware of no authority for the proposition that a lower court may compel the Clerk of the Supreme Court to take any action."), cert. denied, 506 U.S. 844 (1992).
The Court will grant the plaintiff's application to proceed in forma pauperis and will dismiss the complaint. An Order consistent with this Memorandum Opinion is issued separately. DATE: May 30, 2017
/s/_________
United States District Judge