Futch v. Fine
Opinion
FILED UNITED STATES DISTRICT COURT MAR - 5 2009 FOR THE DISTRICT OF COLUMBIA NANCY MAYER WHmINGTON. CLERK U.S. DISTRICT COURT John Randall Futch, ) ) Plaintiff, ) ) v. ) Civil Action No. ) ) 09 0420 Glenn Fine, ) Defendant. )
MEMORANDUM OPINION
This matter is before the Court on plaintiff s pro se complaint and his application to
proceed in forma pauperis. The Court will grant the application to proceed in forma pauperis
and dismiss the complaint.
Plaintiff, a federal prisoner currently confined to a segregated housing unit for his own
protection, has filed a complaint under
42 U.S.C. § 1983for injunctive relief, alleging that his
due process rights have been violated because the defendant, the Inspector General for the United
States Department of Justice, has not conducted an investigation that plaintiff requested. There
is, however, no such thing as a due process right to an investigation by the Department of
Justice's Inspector General, and plaintiff has not identified any other way in which his due
process rights might have been violated. Therefore, plaintiff has not stated a claim under
42 U.S.C. § 1983upon which relief may be granted. Federal law obligates this Court to dismiss this
complaint. 28 U.S.C. § 1915A(b)(1) (requiring a court to dismiss a complaint if it fails to state a
claim upon which relief may be granted). A final order accompanies this memorandum opinion.
Date: United States District Judge
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Reference
- Status
- Published