Castro v. Party City of Baileys Crossroads, Inc. ( 2020 )

FILED
4/23/2020
UNITED STATES DISTRICT COURT Clerk, U.S. District & Bankruptcy
Court for the District of Columbia
FOR THE DISTRICT OF COLUMBIA
Sandra Castro, )
)
Plaintiff, )
)
v. ) Civil Action No. 20-0585 (UNA)
)
Party City of Bailey’s Crossroads, Inc., )
)
Defendant. )
MEMORANDUM OPINION
This plaintiff filed a civil action last year following the Virginia Employment
Commission’s decision to deny her application for unemployment benefits. The Court dismissed
the complaint without prejudice for lack of subject matter jurisdiction. See Castro v. Party City of
Bailey’s Crossroads, Inc., No. 1:19-cv-1598 (D.D.C. June 12, 2019). The plaintiff appealed, and
the United States Court of Appeals for the District of Columbia Circuit dismissed the appeal for
lack of prosecution. See Castro v. Party City of Bailey’s Crossroads, Inc., No. 17-7115 (D.C. Cir.
Jan. 22, 2020). Now before the Court is the plaintiff’s new complaint which, in essence, is an
effort to pursue the appeal. The D.C. Circuit’s dismissal of the plaintiff’s prior appeal is a matter
over which this Court lacks jurisdiction. See, e.g., Panko v. Rodak, 606 F.2d 168, 171 n.6 (7th
Cir. 1979) (“[I]t seems axiomatic that a lower court may not order the judges or officers of a higher
court to take an action.”).
The Court will grant the plaintiff’s application to proceed in forma pauperis and will
dismiss the complaint and this civil action without prejudice for lack of subject matter jurisdiction.
An Order is issued separately.
DATE: April 23, 2020 AMY BERMAN JACKSON
United States District Judge