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Sanders v. State of Maryland

United States District Court, District of Columbia

October 14, 2014

Anthony T. Sanders, [1] Plaintiff,
v.
State of Maryland, Defendant.

MEMORANDUM OPINION

AMY BERMAN JACKSON, District Judge.

This matter is before the Court on its initial review of plaintiff's pro se complaint and application to proceed in forma pauperis. The Court will grant plaintiff's application and dismiss the complaint 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).

Plaintiff is a resident of Hyattsville, Maryland, suing the State of Maryland. See Compl. Caption. The Eleventh Amendment to the U.S. Constitution immunizes a state from suit in federal court, unless immunity is waived.[2] It is established that this amendment applies equally to suits brought by citizens against their own states. See Edelman v. Jordan, 415 U.S. 651, 662-63 (1974); Hans v. Louisiana, 134 U.S. 1, 13-15 (1890). The Court discerns no such waiver in plaintiff's handwritten complaint, which is barely legible. Hence, this case will be dismissed. A separate Order accompanies this Memorandum Opinion.


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