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  • Fred Graves v. John Doe, (B. Relem Unknown), Deputy Clerk, U.S. District Court of Maryland, 813 F.2d 1227, 4th Cir. (1987)

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    This document summarizes a court case in which Fred Graves appealed the dismissal of his civil rights complaint against a deputy clerk of the U.S. District Court for Maryland. The district court held that Graves failed to state a claim under 42 U.S.C. § 1983 because the deputy clerk was not a state actor. While § 1983 does not apply to federal officials, an alternative constitutional claim may exist as established in Bivens v. Six Unknown Agents. However, the appeals court affirmed dismissal because returning Graves' complaints with instructions to file properly did not amount to depriving his right of meaningful access to courts.

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    Filed: 1987-03-04 Precedential Status: Non-Precedential Citations: 813 F.2d 1227 Docket: 86-7380

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    This document summarizes a court case in which Fred Graves appealed the dismissal of his civil rights complaint against a deputy clerk of the U.S. District Court for Maryland. The district court held that Graves failed to state a claim under 42 U.S.C. § 1983 because the deputy clerk was not a state actor. While § 1983 does not apply to federal officials, an alternative constitutional claim may exist as established in Bivens v. Six Unknown Agents. However, the appeals court affirmed dismissal because returning Graves' complaints with instructions to file properly did not amount to depriving his right of meaningful access to courts.

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    9 views2 pages

    Fred Graves v. John Doe, (B. Relem Unknown), Deputy Clerk, U.S. District Court of Maryland, 813 F.2d 1227, 4th Cir. (1987)

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    Scribd Government Docs
    This document summarizes a court case in which Fred Graves appealed the dismissal of his civil rights complaint against a deputy clerk of the U.S. District Court for Maryland. The district court held that Graves failed to state a claim under 42 U.S.C. § 1983 because the deputy clerk was not a state actor. While § 1983 does not apply to federal officials, an alternative constitutional claim may exist as established in Bivens v. Six Unknown Agents. However, the appeals court affirmed dismissal because returning Graves' complaints with instructions to file properly did not amount to depriving his right of meaningful access to courts.

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    of 2

    813 F.

    2d 1227
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Fred GRAVES, Plaintiff-Appellant,
    v.
    John DOE, (B. Relem Unknown), Deputy Clerk, U.S. District
    Court of Maryland, Defendants-Appellees.
    No. 86-7380.

    United States Court of Appeals, Fourth Circuit.


    Submitted Jan. 22, 1987.
    Decided March 4, 1987.

    Before WIDENER, SPROUSE and ERVIN, Circuit Judges.


    Fred Graves, appellant pro se.
    PER CURIAM:

    Fred Graves appeals the district court order dismissing his civil rights complaint
    as frivolous and denying his petition for a writ of mandamus. Graves alleges
    that the deputy clerk for the United States District Court for the District of
    Maryland violated his constitutional right of access to that court by refusing to
    accept complaints that he had attempted to file. The district court held that
    Graves had failed to state a claim under 42 U.S.C. Sec. 1983 as the deputy clerk
    is not a state actor or state official within the meaning of that section.
    Additionally, the court found that Graves' mandamus action was moot because
    the complaints were eventually filed.

    While it is true that Sec. 1983 relates to suits against state officials and properly
    has no application where federal officials are the defendants, a route to recovery

    against federal officials for constitutional violation may nonetheless exist.


    Bivens v. Six Unknown Names Agents of Federal Bureau of Narcotics, 403
    U.S. 388 (1971). We do not decide this constitutional question, however, for
    the reasons set forth below.
    3

    The record indicates that Graves' complaints were returned with instructions
    that they be filed with appropriate copies. Such action hardly amounts to a
    deprivation of Graves' right to meaningful access to the courts.

    We therefore affirm the district court order dismissing Graves' complaint as


    frivolous and denying a writ of mandamus. We dispense with oral argument as
    it would not significantly aid the decisional process.

    AFFIRMED.

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