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Tinsley v. Clerk of Court

United States District Court, District of Columbia

May 26, 2015

Fabian Tinsley, Plaintiff,
v.
Clerk of Court, Defendant.

MEMORANDUM OPINION

EMMET G. SULLIVAN, District Judge.

Plaintiff, proceeding pro se, has submitted a complaint and an application to proceed in forma pauperis. The application will be granted and the complaint will be dismissed pursuant to 28 U.S.C. § 1915A, which requires the Court to screen and dismiss a prisoner's complaint upon a determination that it fails to state a claim upon which relief may be granted. See id. § 1915A(b).

Plaintiff, a prisoner at the Federal Correctional Institution in Fairton, New Jersey, sues the Clerk of Court "to file a new complaint... to address the current status of his incarceration." Compl. at 1. He also seeks to renew a dismissed claim with regard to his desired placement in a psychiatric facility. See Tinsley v. United States, slip op., No. 13-1899 (UNA) (D.D.C. Dec. 2, 2013). But the Clerk of Court has no control over the conditions or location of a prisoner's confinement, and plaintiff has not named anyone who does. Hence, this case will be dismissed. A separate order accompanies this Memorandum Opinion.[1]


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