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Day v. Ohio

United States District Court, District of Columbia

April 20, 2015

Dwayne L. Day, Plaintiff,
v.
Ohio, Defendant.

Assign. Date: 4/20/2015

MEMORANDUM OPINION

Upon review of 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. 12(h)(3) (requiring the court to dismiss an action "at any time" it determines that subject matter jurisdiction is wanting).

Plaintiff, a resident of Columbus, Ohio, sues the State of Ohio for "malice liability & mental anguish." Compl. at 1. The Eleventh Amendment to the U.S. Constitution immunizes a state from suit in federal court, unless immunity is waived.[1] This amendment applies to suits brought by citizens against their own states. Edelman v. Jordan, 415 U.S. 651, 662-63 (1974) (citing Hans v. Louisiana, 134 U.S. 1 (1890)) (other citations omitted). The cryptic complaint contains no suggestion of waiver and, thus, will be dismissed. A separate Order accompanies this Memorandum Opinion.

Date: April 17, 2015


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