Mason v. MCI-H

Filing 6

MEMORANDUM. Signed by Judge Paul W. Grimm on 10/3/2014. (kns, Deputy Clerk)(c/m 10/3/14)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
ANTHONY MASON,

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Plaintiff

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v

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MCI-H

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Civil Action No. PWG-14-2235

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***

Defendant

MEMORANDUM
The above-captioned

case was opened on July 11, 2014 upon receipt of Plaintiffs

Complaint alleging he was assaulted by another inmate.

Plaintiff was advised that his self-

represented pleadings did not state a cognizable claim as presented nor did the pleading name a
proper Defendant. Plaintiff was given 28 days in which to cure the deficiency. ECF No.3.
Court is in receipt of Plaintiffs

The

Supplemental Complaint. ECF No.4.

This Court must conduct a preliminarily review of complaint allegations before service of
process and dismiss them if satisfied that the complaint has no factual or legal basis.
U.S.C.

S

1915(e)(2)(B)(ii).

in Plaintiffs

Plaintiffs

initial Complaint.

See 28

Supplemental Complaint fails to cure the deficiency found

To sustain an action under 42 U.S.C.

S

1983, the plaintiff must

demonstrate that: (1) he suffered a deprivation of rights secured by the Constitution 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). Plaintiff has brought his

complaint against "MCI-H Dept of COIT." ECF Nos 1 & 4. There is no legal entity named
"MCI-H Dept of Carr." Because defendant "MCI-H Dept of COIT."is not a "person" subject to
suit or liability under

S

1983, Plaintiffs complaint shall be dismissed. See West, 487 U.S. at 48.

Even if the Court construed Plaintiff s Complaint as having been filed against the

Maryland Division of Corrections, the Complaint would be subject to dismissal nonetheless.
Under the Eleventh Amendment, a state, including, its agencies and departments, is immune
from federal lawsuits brought by its citizens or the citizens of another state, absent consent. See
Penhurst State Sch. & Hosp. v. Halderman, 465 U. S. 89, 100 (1984); see also Global Mail Ltd
v.

us. Postal

Serv., 142 F.3d 208,210 (4th Cir. 1998) ("Sovereign immunity deprives a court of

jurisdiction to hear a case."). While the State of Maryland has waived its sovereign immunity for
certain types of cases brought in State courts, see Md. Code Ann., State Gov't

S 12-201(a),

has not waived its immunity under the Eleventh Amendment to suit in federal court.
Plaintiffs

it

Thus,

complaint against the Division of Corrections (DOC), an agency within the State of

Maryland, is barred by the Eleventh Amendment, and it will be dismissed under Federal Rule of
Civil Procedure 12(b)( 1) for lack of subj ect matter jurisdiction.
Plaintiffs Motion for Leave to Proceed in Forma Pauperis (ECF No.2) shall be granted.
A separate Order follows.

Date:

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I

Paul W. JGrimm
United States District Judge