Schneller v. Supreme Court of the United States

FILED

UNITED STATES DISTRICT COURT []EC 1

FOR THE DISTRICT OF COLUMBIA Clerk u 1 2012

Cuurt§ for the D tn 01 g;§;uprcy

Umb`

James D. Schneller, ) )

Plaintiff, ) ) o v. ) Civil Action No. 1a )

Clerk of the Supreme Court of the )

United States, ) )

Defendant. )

MEMORANDUM OPINION

This action for a writ of mandamus is before the Court on plaintiff s pro se complaint and application to proceed in forma pauperis. The Court will grant the application and dismiss the complaint for lack of subject matter jurisdiction. See Fed. R. Civ. P. l2(h)(3) (requiring dismissal of an action "at any time" the Court determines that it lacks subject matter jurisdiction).

Plaintiff is a resident of St. Davids, Pennsylvania, seeking an order to compel the Clerk of the U.S. Supreme Court to docket his petition for a writ of certiorari. This Court lacks subject matter jurisdiction to review the decisions of the Supreme Court or its Clerk. In re Marin, 956 F.Zd 339, 340 (D.C. Cir. 1992); see Pcmko v. Rodak, 606 F.Zd 168, 171 n.6 (7th Cir. 1979), cert dem'ed, 444 U.S. 1081 (1980) ("It seems axiomatic that a lower court may not order the judges or officers of a higher court to take an action."). A separate Order of dismissal accompanies this

1‘\»- United States District Judge

Date: November 17 , 2012

Memorandum Opinion.