Calton v. Harris

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) ALLEN F. CALTON, ) ) Petitioner, ) ) v. ) Civil Action No. 23-01399 (ABJ) ) SCOTT S. HARRIS, ) ) Respondent. ) ____________________________________) MEMORANDUM OPINION Petitioner Allen F. Calton is a Texas state prisoner appearing pro se. He seeks a writ of mandamus against the Clerk of the U.S. Supreme Court, who allegedly has refused to file petitioner’s “original jurisdiction habeas petition under 28 U.S.C. § 2241 to Justice Alito” and to accept his $300.00 filing fee. Pet., ECF No. 1 at 3. As petitioner admits, “the clerk has made clear that [the] papers” were rejected because “the Supreme Court rules make no provision for the filing of a petition for an extraordinary writ addressed to an individual Justice.” Id. at 4 , citing Ex. A. Regardless of the reason, “supervisory responsibility” over the Clerk “is exclusive to the Supreme Court” and “neither a district court nor a circuit court of appeals has jurisdiction to interfere with it by mandamus or otherwise.” In re Marin, 956 F.2d 339, 340 (D.C. Cir. 1992) (per curiam). So, this case will be dismissed by separate order for want of jurisdiction. See id. (affirming “the district court’s order dismissing Marin’s complaint for lack of subject matter jurisdiction”); Fed. R. Civ. P. 12 (h)(3) (requiring dismissal of the action “at any time” the court determines that it lacks subject-matter jurisdiction). AMY BERMAN JACKSON DATE: May 23, 2023 United States District Judge