Opinion

Brown v. Saunders

Court
District Court, D. Maryland
Filed
Jul 9, 2025
Cited by
0 cases
Authority
More cited than 37.4%

extending 28 U.S.C. § 1915 screening to non- prisoner pro se litigants

How later courts described this case

  • extending 28 U.S.C. § 1915 screening to non- prisoner pro se litigants

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

TRAVIS BROWN,

Plaintiff,

v. Civil Action No.: SAG-25-2174

SIEARA SAUNDERS.,

Defendant.

MEMORANDUM OPINION

Self-represented plaintiff Travis Brown filed the above-captioned Complaint together with

a Motion to Proceed in Forma Pauperis. ECF Nos. 1, 2. Because Plaintiff appears indigent, his

request to proceed without pre-payment of the filing fee is granted. However, the Complaint must

be dismissed for the reasons stated below.

Plaintiff, a Maryland resident, brings this Complaint against Sieara Saunders, identified as

an individual resident of Maryland who works as a nurse. ECF 1 at 2. Self-represented pleadings

are liberally construed. See Erickson v. Pardus, 551 U.S. 89, 94 (2007). However, Plaintiff’s

Complaint suggests that its basis for federal jurisdiction rests on three federal criminal statutes: 18

U.S.C. §3571 (which Plaintiff lists as “slavery forced compliance” but is actually the statute

providing for sentences of a fine in a criminal case), 18 U.S.C. § 872 (which Plaintiff lists as

“extortion” but is actually “extortion by officers and employees of the United States”), and 18

U.S.C. § 3571 (which Plaintiff lists for a second time as “treason” but again is the provision for

sentences of a fine). Even assuming that Plaintiff had identified the provisions of Title 18 he

seemingly intended to identify, Title 18 generally creates criminal offenses that the government

may prosecute, not civil causes of action that may be brought by individual plaintiffs. See 18

U.S.C. § 1-5043 (titled “Crimes and Criminal Procedure”). Even as to any statutes under Title 18

that may include a civil cause of action, Plaintiff fails to allege facts supporting any such cause of

action because he does not describe any actions that Sieara Saunders took. And while he also refers

to the Thirteenth Amendment (presumably to the United States Constitution), there is no private

cause of action under that amendment either. See, e.g. Gomez v. Kern, 2012 WL 1069186 at *2

(S.D. Fla. Mar. 28, 2012) (“The weight of authority indicates that the Thirteenth Amendment, by

itself, does not provide a private cause of action; a plaintiff must proceed under one of the

Thirteenth Amendment's implementing statutes.”) (collecting cases).

Federal courts are courts of limited jurisdiction. Ordinarily, a plaintiff must establish either

diversity jurisdiction or federal jurisdiction to permit this Court to hear the case. Diversity

jurisdiction allows federal courts to exercise original jurisdictions, in some circumstances, where

the dispute is between “citizens of different States.” 28 U.S.C. § 1332. That is not the case here

because both Plaintiff and Defendant are from Maryland. Federal question jurisdiction exists

where at least one of a Plaintiff’s claims is brought pursuant to the “Constitution, laws, or treaties

of the United States.” 28 U.S.C. § 1331. As described above, Plaintiff has neither identified any

federal constitutional provision or law that would allow him to bring a private claim, nor has he

alleged facts to plausibly state a claim of any sort against the named defendant.

Accordingly, Plaintiff's Complaint is dismissed pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii).

Title 28 U.S.C. § 1915 instructs district courts that they “shall dismiss [a] case” filed by a plaintiff

proceeding in forma pauperis if the court determines that the action “is frivolous or malicious,”

“fails to state a claim on which relief may be granted,” or “seeks monetary relief against a

defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B)(i)-(iii); see Newsome v.

EEOC, 301 F.3d 227, 231-33 (5th Cir. 2002) (extending 28 U.S.C. § 1915 screening to non-

prisoner pro se litigants). For the reasons above, this court lacks jurisdiction and Plaintiff has

failed to state a claim on which relief can be granted. His complaint must be dismissed without

prejudice.

A separate Order follows.

__J_u_ly_ _9_, _2_0_2_5_____ _____________/_s_/______________

Date Stephanie A. Gallagher

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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