Jones v. Blumberg et al

Filing 2

MEMORANDUM. Signed by Judge J. Frederick Motz on 07/09/2014. (jb3, Deputy Clerk)(C/M 07/10/2014)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
PHILLIP ALVIN JONES,
*
Petitioner,
*
v.
CIVIL ACTION NO. JFM-14-2177
*
DAVID R. BLUMBERG, et al.,
Respondents.
*
******
MEMORANDUM
The above-captioned action was filed with this court on July 7, 2014. Petitioner seeks to
have this court order David R. Blumberg, Chairman of the Maryland Parole Commission, and
Tanya Smith, Operations Administrator for the Maryland Parole Commission to provide
petitioner his complete Maryland Parole Commission file. ECF No. 1. Although petitioner has
not filed a motion for leave to proceed in forma pauperis, because he appears indigent, indigency
status shall be granted pursuant to 28 U.S.C. ' 1915(a).
Because petitioner seeks to compel a certain action by the state and/or its agents, the
court concludes that the present matter is in the nature of a writ of mandamus. See 28 U.S.C. '
1361. Federal district courts have original jurisdiction of any action in the nature of mandamus to
compel an officer or employee of the United States or one of its agencies to perform a duty owed
to a petitioner. However, this court has no mandamus jurisdiction over state employees and
cannot compel the Maryland Parole Commission to provide petitioner a copy of his file. See
Gurley v. Superior Court of Mecklenburg County, 411 F.2d 586, 586-87 (4th Cir. 1969).
Therefore, petitioner's request for mandamus relief shall be denied. A separate Order follows.

__July 9, 2014
Date

__/s/_________________________________
J. Frederick Motz
United States District Judge