Harry v. The Alaska Parole Board et al

Filing 6

ORDER denying #4 Motion for Clarification/Request for Status Hearing. Signed by Judge Joshua M. Kindred on 9/7/21. (JLH, COURT STAFF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
KENNETH HARRY,
Plaintiff,
v.
THE ALASKA PAROLE BOARD, et al.,

Case No. 3:21-cv-00190-JMK

Defendants.
ORDER RE: MOTION FOR CLARIFICATION &
REQUEST FOR STATUS HEARING
At Docket 4, Mr. Harry requests the Court set a status hearing so that he
can inquire whether this case is proceeding under 42 U.S.C. § 1983 or the
Supremacy Clause. At present, Mr. Harry has not submitted the filing fee or the
appropriate waiver, and no operative complaint exists in this action. The case does
not “proceed” on any claims. Mr. Harry has been granted leave to file a proper
complaint. Further, the Court cannot advise on Mr. Harry’s litigation—it only may
rule on the cases or controversies before it. 1 Therefore, a hearing is this matter is
inappropriate.

The Motion for Clarification & Request for Status Hearing at

Docket 4 is DENIED.

Muskrat v. United States, 219 U.S. 346 (1911) (quoting In re Pac. Ry. Comm'n,
32 F. 241, 255 (C.C.N.D. Cal. 1887) “Whenever the claim of a party under the constitution,
laws, or treaties of the United States takes such form that the judicial power is capable of
acting upon it, then it has become a case. The term implies the existence of present or
possible adverse parties whose contentions are submitted to the court for adjudication.”).
1

The Court sent Mr. Harry a standard form to assist in his pleading. He may
plead whatever legal theories or claims he believes he has, regardless of the title
of the form. The Clerk of Court is directed to provide Mr. Harry PS 22 Pro Se
General Complaint with a copy of this Order.
DATED this 7th day of September, 2021, at Anchorage, Alaska.
/s/ Joshua M. Kindred
JOSHUA M. KINDRED
UNITED STATES DISTRICT JUDGE

Case No. 3:21-cv-00190-JMK, Harry v. Alaska Parole Board, et al.
Order Re: Motion for Clarification & Status Hearing
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