Opinion
Case: 1:15-cv-01456
09-02-2015
Chase Carmen Hunter, Plaintiff, v. Scott Harris, Defendant.
Assigned To : Unassigned
Assign. Date : 9/4/2015
Description: Pro Se Gen. Civil (F)
MEMORANDUM OPINION
This action is before the Court on its initial review of plaintiff's 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 resident of Walnut California, has brought a declaratory judgment action against the Clerk of the Supreme Court for failing to accept her petitions. The Declaratory Judgment Act authorizes the court to "declare the rights . . . of any interested party" but only "[i]n a case of actual controversy within its jurisdiction[.]" 28 U.S.C. § 2201(a). "A 'controversy' in this sense must be one that is appropriate for judicial determination." Aetna Life Ins. Co. of Hartford, Conn. v. Haworth, 300 U.S. 227, 240 (1937). "[I]t 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); accord In re Marin, 956 F.2d 339, 340 (D.C. Cir. 1992). Consequently, this case will be dismissed. A separate order accompanies this Memorandum Opinion. Date: September 2nd , 2015
/s/_________
United States District Judge