Opinion
Civil Action No. 14-1711 UNA
10-07-2014
Anthony T. Sanders, Plaintiff, v. State of Maryland, Defendant.
MEMORANDUM OPINION
This matter 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 plaintiff's application and dismiss the complaint for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring the court to dismiss an action "at any time" it determines that subject matter jurisdiction is wanting).
Plaintiff is a resident of Hyattsville, Maryland, suing the State of Maryland. See Compl. Caption. The Eleventh Amendment to the U.S. Constitution immunizes a state from suit in federal court, unless immunity is waived. It is established that this amendment applies equally to suits brought by citizens against their own states. See Edelman v. Jordan, 415 U.S. 651, 662-63 (1974); Hans v. Louisiana, 134 U.S. 1, 13-15 (1890). The Court discerns no such waiver in plaintiff's handwritten complaint, which is barely legible. Hence, this case will be dismissed. A separate Order accompanies this Memorandum Opinion.
The amendment provides in pertinent part: "[t]he judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State." U.S. Const. amend. XI.
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/s/_________
United States District Judge
DATE: October 7th , 2014