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Ali-Bey v. State

United States District Court, D. Maryland

March 4, 2015

PARIS AMADI ALI-BEY, Aka PARIS LAMONT GOODWIN, Petitioner,
v.
STATE OF MARYLAND, et al., Respondents.

MEMORANDUM

RICHARD D. BENNETT, District Judge.

The above-captioned action was filed with this Court on February 2, 2015. Petitioner seeks to have this Court issue an Order to the "BALTIMORE CITY CIRCUIT COURT, BALTIMORE CITY AND BALTIMORE COUNTY OFFICE OF CHILD SUPPORT ENFORCEMENT[S] to nullify, dismiss and/or close (alleged) child support case, cease and desist any further communication and/or correspondence referencing BALTIMORE CITY OFFICE OF CHILD SUPPORT ENFORCEMENT CASE and/or BALTIMORE COUNTY OFFICE OF CHILD SUPPORT ENFORCEMENT CASE #XXXXXXXXX/COURT ORDER 24-D-11-00253/24510, compelling Petitioner (under threat, duress, and coercion) to make payment sot MAYRLNAD CHILD SUPPORT." ECF No. 1, pp. 2-3.

Petitioner has neither paid the civil filing fee nor filed a Motion for leave to Proceed in Forma Pauperis.

Because Petitioner seeks to compel a certain action by the state and/or its agents, the Court concludes that the present matter is in the nature of a writ of mandamus. See 28 U.S.C. ยง 1361. Federal district courts have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or one of its agencies to perform a duty owed to a petitioner. However, this federal district court has no mandamus jurisdiction over state employees and cannot compel the Maryland state courts to take any action in Petitioner's child support case.[1] Gurley v. Superior Court of Mecklenburg County, 411 F.2d 586, 586-87 (4th Cir. 1969). Therefore, Petitioner's request for mandamus relief shall be denied.

A separate Order shall be entered reflecting the Opinion set forth herein.


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