Opinion
Civil Action No. 16-2266 (UNA)
07-19-2017
Antoine D. DeGrate, Plaintiff, v. Scott Harris, Defendant.
MEMORANDUM OPINION
This matter is before the court on its review of plaintiff's pro se complaint and application for leave to proceed in forma pauperis. For the reasons explained below, the in forma pauperis application will be granted and this case will be dismissed pursuant to 28 U.S.C. § 1915A, which requires immediate dismissal of a prisoner's complaint that fails to state a claim upon which relief can be granted.
Plaintiff, a Texas state prisoner incarcerated in Beaumont, Texas, has sued the Clerk of the United States Supreme Court for allegedly failing to notify him in a timely manner of the disposition of his petition for a writ of certiorari. Plaintiff seeks injunctive relief.
The Supreme Court "has inherent [and exclusive] supervisory authority over its Clerk." In re Marin, 956 F.2d 339, 340 (D.C. Cir. 1992) (per curiam). Therefore, "a lower court may [not] compel the Clerk of the Supreme Court to take any action." Id.; see Panko v. Rodak, 606 F.2d 168, 171 n.6 (7th Cir. 1979), cert. denied, 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."). Hence, this case will be dismissed. A separate order accompanies this Memorandum Opinion. Date: July 19, 2017
/s/_________
United States District Judge