FILED

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA SEp 2 6 2011
p~ B ~’ Clerl<. U.S. Dlstrict & Bankruptc
mo ugonl § Courts for the Districtof Columbla
Plaintiff, )
)
v. ) civil Acuon N@. l j » ..
) 1/dl
)
Eric Holder, el al., )
)
Defendants. )

MEMORANDUM OPINION

This matter is before the Court on its initial review of plaintiff s pro se complaint and
application to proceed in forma pauperis. The application will be granted and the case will be
dismissed pursuant to 28 U.S.C. § 19l5(e)(2)(B). Under that statute, the Court is required to
dismiss a case "at any time" it determines that the complaint fails to state a claim upon which
relief can be granted.

Plaintiff is a resident of Boca Raton, Florida, suing Attomey General Eric Holder, Jr., and
the Clerks of the Maricopa County Superior Court in Arizona and the Palm Beach County Circuit
Court in Palm Beach, Florida, under 42 U.S.C. §§ l98l, 1983.' Each defendant is sued in his or
her official capacity only. See Compl. Caption. Plaintiff sues the clerks of court for maintaining
and allegedly disseminating official records, the latter of which has "on numerous occasions
caused him to be denied employment." Compl. 1 20. He acknowledges that he is a convicted

felon, ia'. il l l, and that the dissemination of his criminal record is the result of background

‘ Plaintiff also invokes 28 U.S.C. § l44l, but that statute governing the removal of state
actions to federal court has no application here.

checks by potential employers. See ia'. w 36~39. Plaintiff seeks "exclusively equitable relief ’ in
the form of an injunction and a declaratory judgment, z`d. 11 l4, but he does not allege any facts
that could reasonably be viewed as actionable conduct on the part of the named defendants.z See
Bell Atlantz`c Corp. v. Twombly, 550 U.S. 544, 555 (2007) (a plaintiffs "[t]actual allegations
must be enough to raise a right to relief above the speculative level . . . .") (citations omitted);
Dickerson v. Distrz`ct ofColumbz'a, __ F. Supp. 2d __, 20ll WL 3702397 (D.D.C. Aug. 24,
20l l), at *2 ("To establish a claim under § l98l, plaintiffs must show that (l) they are members
of a racial minority group; (2) the defendant intended to discriminate on the basis of race; and (3)
the discrimination pertained to one of the activities enumerated in the statute.") (citation
omitted); Stoddard v. Distrz`ct ofColumbz`a, 764 F. Supp. 2d 2l3, 218 (D.D,C. 20ll ) ("To state a
claim under Section l983, a complaint must allege facts sufficient to show that the conduct of
which a plaintiff complains (l) was committed by a person acting under color of [state] law, and
(2) deprived the plaintiff of a constitutionally-protected right.") (citation omitted).

Furthermore, § 1983 and its federal analog created by Bivens v. Sz'x Urzknown Namea'
Agents of Fea’eral Bureau of Narcolics, 403 U.S. 388 (1971), provide only for the recovery of
monetary damages from a defendant sued in his personal capacity. See Wilson v. Layne. 526
U.S. 603, 609 (1999) (“Both Bivens and § l983 allow a plaintiff to seek money damages from
government officials who have violated [constitutional] rights."); Davz`s v. Passman, 442 U.S.
228, 245 (1979) (under Bivens, "it is damages or nothing.") (citation and internal quotation

marks omitted); Simpkz'ns v. Dislrict ofCo/umbia Gov ’t, 108 F.3d 366, 369 (D.C. Cir. 1997)

2 In essence, plaintiff seeks to have his criminal records expunged See Compl. at 2l-22,
This Court lacks jurisdiction to expunge other courts’ records.

2

("Bz`vens actions are for damages . . . If the [] defendant is found liable, he becomes personally
responsible for satisfying the judgment . . . ."). Hence, plaintiffs official-capacity suit for
equitable relief is not cognizable under § l983. A separate Order of dismissal accompanies this

Memorandum Opinion.

  

nited State District Judge

   

Z”, 2011

Date: September

