Summary
rejecting argument that end-payors complaining about cost of Nexium lacked Article III standing to assert claims on behalf of putative class members alleging overpayments for Nexium in states in which end-payors had not made payments
Summary of this case from Cooper v. Charter Commc'ns Entertainments I, LLCOpinion
Civil Action No. 13–1478
2013-09-26
Theodore E. Powell, Petitioner v. Washington Teachers Union, et al., Respondents.
Theodore E. Powell, Highland Springs, VA, pro se.
MEMORANDUM OPINION
BERYL A. HOWELL, United States District Judge
This matter is before the Court on the petitioner's application to proceed in forma pauperis and his pro se petition for a writ of mandamus. The petitioner is a former employee of the District of Columbia Public Schools who was terminated on November 30, 2010. See Pet. ¶¶ 1, 40. Among other relief, the petitioner seeks a writ of mandamus directing respondents “to reinstate [him] as a teacher at the District of Columbia Public Schools ... at a salary of ... $82,600.00 for ... school years 2010, 11, 12, 13 or in the alternative directing them ... to draw a warrant on the education fund in the [amount] of $334,000.00 payable to the order of petitioner.” Id. at 13 (emphasis removed).
The extraordinary 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 (emphasis added), and the Court therefore cannot compel either the Washington Teachers Union or the Chancellor of the District of Columbia Public Schools to provide the relief petitioner demands. See Powell v. Gray, No. 12–0902, 2013 WL 3155367, at *1 (D.D.C. June 14, 2013). The petition for a writ of mandamus will be dismissed for lack of subject matter jurisdiction. SeeFed. R. Civ. P. 12(h)(3) (requiring the court to dismiss an action “at any time” it determines that subject matter jurisdiction is wanting). An Order accompanies this Memorandum Opinion.