Taylor v. Commissioner Johnson
Filing
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MEMORANDUM. Signed by Judge Catherine C. Blake on 6/24/2013. (c/m 6/24/2013 aos, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
NATHAN TAYLOR
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Plaintiff
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v
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COMMISSIONER JOHNSON
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Defendant
Civil Action No.CCB-13-1658
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MEMORANDUM
The above-captioned case was filed on June 7, 2013, together with a motion to proceed in
forma pauperis. ECF No. 2. Because plaintiff appears to be indigent, his motion shall be
granted.
Plaintiff alleges that defendant improperly denied his claim for property that stolen by a
third party. He alleges the denial of his claim is a violation of his Fourteenth Amendment rights
and seeks an order from this court requiring “Commissioner Johnson to do the right thing next
time an[d] don’t violate my 14th Amendment right . . . by being prejudice in a group.” ECF No.
1 at pp. 2 and 3. He further asserts that his property was stolen by the Division of Correction and
Nicole Sherden; and that his claim was denied by defendant for no reason other than she also
works for the State of Maryland. Id. at p. 4.
The complaint must be dismissed.
Maryland District Court Commissioners are
empowered to review applications for statement of charges to determine whether probable cause
exists to issue charging documents; and conducting initial appearance hearings on arrested
individuals to decide the conditions of pre-trial release. See Md. Cts & Jud. Proc., Code Ann.
§2-607. To the extent plaintiff is seeking an order requiring the issuance of charging documents
for the alleged theft of his property, this court is not empowered to issue such an order. See
Gurley v. Superior Court of Mecklenburg County, 411 F.2d 586, 587 (4th Cir. 1969) (federal
courts are not granted mandamus power over state employees). To the extent plaintiff is alleging
the Commissioner denied his claim for monetary compensation, his claim fails as the
Commissioner is not authorized to make such an award.
A separate order follows.
June 24th, 2013
Date
________/s/_____________
Catherine C. Blake
United States District Judge
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