Opinion

Malone v. United States Marshals Service

Court
District Court, D. Maryland
Filed
Aug 13, 2025
Cited by
0 cases

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND

STEPFANIE MALONE,

Plaintiff,

v. Civil Action No.: SAG-25-2540

UNITED STATES MARSHALS

DEPARTMENT,

Defendant.

MEMORANDUM OPINION

Self-represented plaintiff Stepfanie Malone filed the above-captioned Complaint together

with a Motion to Proceed in Forma Pauperis. ECF 1, 2. Her Complaint must be dismissed for the

reasons stated below, and her motion to proceed in forma pauperis will be denied as moot.

Plaintiff, a Maryland resident, brings this Complaint against the United States Marshals

Department, alleging that the Marshals broke her door down, requiring replacement of the frame,

and also confiscated her cell phone and diamond earrings. ECF 1 at 6. She seeks a total of $622 in

damages for the door repair and the earrings. Id.

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

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

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

the dispute is between “citizens of different States” where the amount in controversy exceeds

$75,000. 28 U.S.C. § 1332. Plaintiff clearly itemizes her damages at just $622, rendering diversity

jurisdiction inapposite. 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.

Plaintiff has only cited diversity jurisdiction in her Complaint. ECF 1 at 4. She has not identified

any federal constitutional provision or law that would allow her to bring a private civil claim in

federal court against the United States Marshals for the damages she seeks.

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 stated above, this court lacks jurisdiction and Plaintiff has failed to state a

claim on which relief can be granted. Her federal complaint, ECF 1, must be dismissed without

prejudice. Plaintiff’s motion to proceed in forma pauperis, ECF 2, will be denied as moot. This

case will be closed. A separate Order follows.

Dated: August 13, 2025 /s/

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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