Opinion
Civil Action No. 15-0167 (UNA)
05-16-2015
Fabian Tinsley, Plaintiff, v. Clerk of Court, Defendant
MEMORANDUM OPINION
Plaintiff, proceeding pro se, has submitted a complaint and an application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § 1915A, which requires the Court to screen and dismiss a prisoner's complaint upon a determination that it fails to state a claim upon which relief may be granted. See id. § 1915A(b).
Plaintiff, a prisoner at the Federal Correctional Institution in Fairton, New Jersey, sues the Clerk of Court "to file a new complaint . . . to address the current status of his incarceration." Compl. at 1. He also seeks to renew a dismissed claim with regard to his desired placement in a psychiatric facility. See Tinsley v. United States, slip op., No. 13-1899 (UNA) (D.D.C. Dec. 2, 2013). But the Clerk of Court has no control over the conditions or location of a prisoner's confinement, and plaintiff has not named anyone who does. Hence, this case will be dismissed. A separate order accompanies this Memorandum Opinion.
The dismissal of this case does not affect plaintiff's ability to seek redress against his prison officials, but such a claim should be pursued in the United States District Court for the District of New Jersey. See 28 U.S.C. § 1391(b) (designating the proper venue under the circumstances presented as the judicial district where a substantial part of the events occurred).
/s/_________
United States District Judge
DATE: May 16, 2015