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Powell v. Gray

United States District Court, District Circuit

June 14, 2013

Theodore E. Powell, Petitioner,
v.
Mayor Vincent Gray et al., Respondents.

MEMORANDUM OPINION

This matter is before the Court on review of the pro se petition for a writ of mandamus and application to proceed in forma pauperis. The Court will grant petitioner's application to proceed in forma pauperis and will dismiss this action for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring the court to dismiss an action "at any time" it determines that subject matter jurisdiction is wanting).

Petitioner, a resident of Highland Springs, Virginia, seeks a writ to compel District of Columbia Mayor Vincent Gray, D.C. Public Schools Chancellor Kaya Henderson, other District of Columbia employees, and private attorneys, to reinstate him as a teacher in the D.C. Public Schools at a salary of $82, 600. See Pet. for Writ of Mandamus at 3, 14. In the alternative, petitioner seeks to compel the respondents "to draw a warrant on the education fund in the [amount] of $334, 000.00 payable" to him. Id. at 14. Jurisdiction is wanting because the extraordinary writ of mandamus is available to compel an "officer or employee of the United States or any agency thereof to perform a duty owed to plaintiff, " 28 U.S.C. § 1361, not the D.C. and private respondents listed in this action. A separate order of dismissal accompanies this Memorandum Opinion.


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