Dasisa v. United States Supreme Court Office of Clerk

UNITED STATES DISTRICT COURT FILED
FOR THE DISTRICT OF COLUMBIA
NOV 232009
Clerk, U.S. District and
Mihretu Bulti Dasissa, ) Bankruptcy courts
)
Plaintiff, )
)
v. )
)
Civil Action No.
O~ 2216
United States Supreme Court Office )
of Clerk, )
)
Defendant. )
MEMORANDUM OPINION
This matter is before the court on the plaintiff s pro se complaint and application to
proceed in forma pauperis. The application to proceed in forma pauperis will be granted and the
complaint will be dismissed for lack of jurisdiction.
Although it is far from clear, it appears that the plaintiff filed this pro se complaint
because his appeal from a decision of the United States Court of Appeals for the Ninth Circuit
was rejected for being out of time. See Complaint at 3. The complaint alleges that the Clerk of
the Supreme Court infringed the plaintiff s constitutionally guaranteed access to court. See
generally, Complaint.
The Clerk of the United States Supreme Court is immune from a damages suit for the
performance of his job. See Sindram v. Suda, 986 F.2d 339 (D.C. Cir. 1992) (per curiam)
(holding that "clerks, like judges, are immune from damage suits for performance of tasks that
are an integral part of the judicial process"). Furthermore, this court does not supervise the Clerk
of the Supreme Court of the United States, and does not have jurisdiction to order injunctive
relief with respect to his actions taken in the performance of his official duties. See In re Marin,
956 F.2d 339 (D.C. Cir. 1992) (per curiam). Accordingly, the complaint will be dismissed for
lack of jurisdiction.
A separate order accompanies this memorandum opinion.
Date: /0 1)"1/ 0 ~ cg7~
mte tates Istnct u ge
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