Opinion
Civil Action No. 08 0154.
January 23, 2008
MEMORANDUM OPINION
Before the Court are petitioner's application for a writ of mandamus brought pro se and his motion to proceed in forma pauperis. The Court will grant the motion to proceed in forma pauperis and will dismiss the case pursuant to 28 U.S.C. § 1915(e). Under that statute, the Court is required to dismiss a case if it determines that the petition, among other grounds, fails to state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(ii).
Petitioner, a District of Columbia resident, seeks mandamus relief against three individuals in their official capacities and the District of Columbia. The extraordinary remedy of a writ of mandamus is available to compel an "officer or employee of the United States or any agency thereof to perform a duty owed to plaintiff." 28 U.S.C. § 1361. It provides no authority for this Court to compel action by the District of Columbia or, as appears to be the case here save one respondent, by non-federal officials. To the extent that the manager of the Veterans Medical Center is a federal official, the petition fails to specify the duty owed petitioner by this respondent and the acts sought to be performed. The case therefore will be dismissed by a separate Order issued contemporaneously.
The named defendants are Maggie Chau, Manager of Wah Luck House; Fernando Rivera, Manager of Veterans Medical Center; and Deborah L. Davis, who appears from the allegations to be plaintiff's court-appointed guardian or representative.
As relief, petitioner seeks an "Order to the Social Security people . . . directing that the checks be sent by mail," instead of apparently to respondent Davis, and respondents' payment of a fine. Pet. at 10. The Social Security Administration is not a named party-respondent, and a fine is not appropriate relief in a civil action.