CLARK-BEY v. STATE OF MARYLAND, et al.,

Filing 3

MEMORANDUM OPINION Signed by Judge Rosemary M. Collyer on 1/25/2013. (ls, )

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) Amun Ra Clark Bey, Plaintiff, v. State of Maryland et al., Defendants. FILED FEB- 5 2013 Clerk, U.S. District & Bankruptcy Courts for the District of Columbia Civil Action No. 13 0149 MEMORANDUM OPINION This matter is before the Court on review of plaintiffs pro se complaint and application to proceed informapauperis. The Court will grant plaintiffs application to proceed informa pauperis and will dismiss this action 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, a Maryland resident, sues the State of Maryland, the District Court of Maryland for Prince George's County, high-level Maryland officials, judicial officers, and a county police officer. See Com pl. Caption. Plaintiff "demands [a] Writ of Prohibition to void judgment made by State of Maryland, Prince George's County Circuit Court or any other court in the State of Maryland, Incorporated." Com pl. at 1; see id. at 15 ("This action seeks the Court to issue a Writ of Prohibition compelling Lawrence V. Hill, Jr., Chief Magistrate Judge Ben C. Clyburn ... and any other court appointed judge to honor the Default Judgment."). Except for those statements, the complaint makes little sense. N ,.1 3 Jurisdiction is wanting because a federal district court is not a reviewing court and, thus, lacks subject matter jurisdiction to review the decisions of a state court. See 28 U.S.C. ยงยง 1331, 1332 (general jurisdictional provisions); Fleming v. United States, 847 F. Supp. 170, 172 (D.D.C. 1994), cert. denied 513 U.S. 1150 (1995) (citing District of Columbia Court ofAppeals v. Feldman, 460 U.S. 462,482 (1983); Rooker v. Fidelity Trust Co., 263 U.S. 413,415,416 (1923)). In addition, the complaint is "patently insubstantial, presenting no federal question suitable for decision.'" Caldwell v. Kagan, 777 F. Supp. 2d 177, 178 (D.D.C. 2011) (quoting Tooley v. Napolitano, 586 F.3d 1006, 1009 (D.C. Cir. 2009)). A separate order of dismissal accompanies this Memorandum Opinion. Date: January ~5, 2013 United States District Judge 2

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