Opinion
Civil Action No. 12 0946
06-11-2012
MELVIN JONES, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, et al., Defendants.
MEMORANDUM OPINION
This matter is before the Court on plaintiff's application to proceed in forma pauperis and his pro se complaint. The Court will grant the application and dismiss the complaint.
Plaintiff purports to convert the "wrongful denial" of his claim for Social Security benefits into a civil rights claim arising from the defendants' "Failure to Provide Equal Excess [sic] to public benefits and equal protection under the law." Compl. at 1.
In order to bring a civil rights action under 42 U.S.C. § 1983, "[t]here is a requirement of state action on the part of the alleged wrongdoer in order for liability to attach." Chandler v. W.E. Welch & Assocs., Inc., 533 F. Supp. 2d 94, 103 (D.D.C. 2008) (citation omitted). Plaintiff does not allege that defendants were acting "under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia." 42 U.S.C. § 1983. Nor does plaintiff allege any constitutionally-protected right he has in the granting of an application for benefits. As plaintiff seeks to bring a § 1983 claim against the defendants based on an alleged violation of his constitutional rights, the claim must be dismissed.
An Order accompanies this Memorandum Opinion.
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United States District Judge