Whistleon v. The Commonwealth State of Massachusetts

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- Case 1:25-cv-11203-NMG Document5- Filed 12/30/25 Page 1of2

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

RANJIT WHISTLEON,
Plaintiff,
Civil Action No.
Vv. 25-11203-NMG
COMMONWEALTH OF MASSACHUSETTS,
Defendant.

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ORDER
GORTON, J.

Pro se litigant Ranjit Whistleon, who is confined at the
Suffolk County Jail, has filed a complaint (Docket # 1) against
the Commonwealth of Massachusetts, alleging that his rights are
being violated during court hearings in a state criminal
prosecution against him and he is not receiving proper legal
assistance from his attorney. Whistleon does not specify the
relief he seeks.

When, as here, a plaintiff is a prisoner, the Court must
conduct a preliminary review of his complaint and dismiss any
claim that is malicious or frivolous, fails to state a claim
upon which relief may be granted, or seeks monetary damages from
a defendant who is immune from such relief. See 28 U.S.C.

§ 19152.
Under the doctrine of Eleventh Amendment immunity, it is

recognized that States (including their departments, agencies,

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Case 1:25-cv-11203-NMG Document5- Filed 12/30/25 Page 2 of 2

and officials acting in their official capacities) have immunity
from suit in a federal court unless the State has consented to
be sued in federal court or Congress has overridden the State’s

immunity. See Virginia Off. for Prot. & Advocacy v. Stewart,

563 U.S. 247, 253 (2011).+ (*Aj)bsent waiver or valid abrogation,
federal courts may not entertain a private person’s suit against
a State.”). Here, Whistleon has not identified, nor can the
Court discern, a claim for which the Commonwealth has waived, or
Congress has abrogated, the state’s sovereign immunity. Because
it appears that allowing Whistleon to amend his complaint would
be futile, the Court dismisses this action sua sponte.

Accordingly, the Court orders that this action be DISMISSED
based on the defendant’s Eleventh Amendment immunity. The

motion for leave to proceed in forma pauperis (Docket # 2) shall

be terminated as moot.

So ordered.

Nathaniel M. Gdféton
United States District Judge

Dated: 12/23/ 2O2S

1 The sovereign immunity of a state is often referred to as
“Eleventh Amendment immunity” because the Eleventh Amendment to
the United States Constitution “confirm[ed] the structural
understanding that States entered the Union with their sovereign
immunity intact.” Va. Off. For Prot., 563. U.S. at 253.

2