Opinion
Civil Action No. 18-1959 (UNA)
09-12-2018
D'Rayfield Kary-Khame Shipman, Plaintiff, v. Clerk's Office of the U.S. Supreme Court, Defendant.
MEMORANDUM OPINION
According to the plaintiff, the Clerk of the United States Supreme Court "failed to properly file [his] motion with [the] court to allow a hearing." Compl. at 1. The Clerk allegedly returned the plaintiff's petition several times and "purposely held plaintiff writ to allow deadline to lapse." Id. The plaintiff demands damages and an order directing the Clerk "to file writ[]s brought by people not wealthy and/or who may not have counsel with the U.S. Supreme Court." Id.
The Clerk of the Supreme Court is the designated recipient of all documents filed with the Supreme Court, and is authorized to reject any filing that does not comply with the applicable rules and orders. See Sup. Ct. R. 1. This Court has no authority to determine whataction, if any, must be taken by the Supreme Court and its administrative officers. See In re Marin, 956 F.2d 339, 340 (D.C. Cir.) ("We are aware of no authority for the proposition that a lower court may compel the Clerk of the Supreme Court to take any action."), cert. denied, 506 U.S. 844 (1992); Panko v. Kodak, 606 F.2d 168, 171 n.6 (7th Cir. 1979) ("It seems axiomatic that a lower court may not order the judges or officers of a higher court to take an action."), cert. denied, 444 U.S. 1081 (1980).
The Court will grant the plaintiff's application to proceed in forma pauperis and will dismiss the complaint. An Order consistent with this Memorandum Opinion is issued separately. DATE: 9/12/18
/s/ _________
CHRISTOPHER R. COOPER
United States District Judge