Opinion
Civil Action No. 11 0842.
May 5, 2011
MEMORANDUM OPINION
This matter is before the Court on review of the plaintiff's pro se complaint and application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § 1915A (requiring dismissal of a prisoner's complaint upon a determination that the complaint, among other grounds, fails to state a claim upon which relief can be granted).
The plaintiff is a prisoner at the Federal Correctional Institution in Terminal Island, California. He sues a Special Agent of the U.S. Department of Education's Office of the Inspector General for allegedly withholding exculpatory evidence during his criminal prosecution in violation of Brady v. Maryland, 373 U.S. 83 (1963). However, only prosecutors are required to provide Brady material. Id. at 87 (holding "that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment. . . .") (emphasis supplied); see U.S. v. Jenrette, 744 F.2d 817, 824 (D.C. Cir. 1984) (" Brady mandates that upon request the prosecution disclose any evidence favorable to an accused where that evidence is material either to guilt or to punishment.") (citation omitted). Because the listed defendants are not prosecutors, the plaintiff has failed to state a claim under Brady upon which relief may be granted.
The plaintiff also purports to sue a Special Agent of the Social Security Administration's Office of the Inspector General but he lists that defendant as "Jane Doe." Verified Complaint, Caption.
A separate Order of dismissal accompanies this Memorandum Opinion.
Date: April 30, 2011