Wedington v. Taylor et al
Filing
3
MEMORANDUM OPINION. Signed by Chief Judge Deborah K. Chasanow on 5/10/11. (apl, Deputy Clerk)(c/m 5/11/11)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
CALVIN S. WEDINGTON #18915-037
Plaintiff,
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v.
CIVIL ACTION NO. DKC-11-1145
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THALMA TAYLOR
MAGGIE MOYER
SAMUEL LEE WEDINGTON
HOME BENEFICIAL INSURANCE
COMPANY
Defendants
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MEMORANDUM OPINION
On May 2, 2011, the Clerk received Plaintiff’s civil rights complaint filed pursuant to 42
U.S.C. ' 1983. Plaintiff complains that members of his family refuse to provide information so
that Plaintiff can contact his son and failed to promptly notify him of his mother’s death.
Plaintiff also seeks court assistance in obtaining any remaining monies from his mother’s
insurance policy. Plaintiff states he is indigent and requires appointment of counsel to pursue
these claims. ECF No. 1.
Essential to sustaining an action under ' 1983 are the presence of two elements. Plaintiff
must demonstrate that: (1) he suffered a deprivation of "rights, privileges or immunities secured
by the Constitution and laws" of the United States; and (2) the act or omission causing the
deprivation was committed by a person acting under color of law. West v. Atkins, 487 U.S. 42,
48 (1988). At most, the actions about which Plaintiff complains are matters involving a family
dispute and payment under the terms of an insurance contract. These matters implicate state, not
federal, law and as such are not subject to federal court review.
Plaintiff shall be granted leave to proceed in forma pauperis. As the complaint is subject
to dismissal under 28 U.S.C. § 1915A (b)(1),1 appointment of counsel shall be denied. A
separate Order shall be entered in accordance with this Memorandum Opinion.
Date:
1
May 10, 2011
/s/
DEBORAH K. CHASANOW
United States District Judge
This statute requires court screening of prisoner actions to identify cognizable claims or dismiss the complaint or
any portion of the complaint if it fails to state a claim upon which relief may be granted.
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