Opinion
Civil Action No. 11-mc-00095-LTB
10-17-2011
RODGER GRIGGS, Plaintiff, v. NO DEFENDANT NAMED, Defendant.
ORDER OF DISMISSAL
On October 7, 2011, Rodger Griggs, acting pro se, submitted to the Court a Letter and a Notice of Criminal Action. Mr. Griggs is in the custody of the United States Bureau of Prisons and currently is incarcerated at the Federal Medical Center in Fort Worth, Texas.
For the most part, Mr. Griggs' allegations are unintelligible. It does appear, however, that Mr. Griggs is attempting to file criminal charges against this Court or the Clerk of this Court. It is settled law that "in American jurisprudence, at least, a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another." See, DeMillard v. No. Named Defendant, 407 F. App'x 332, **1 (10th Cir. Jan. 14, 2011) (unpublished) (quoting Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973)); see also Doyle v. Okla. BarAss'n, 998 F.2d 1559, 1566 (10th Cir. 1993). Private prosecutions are not initiated through the Judiciary. DeMillard, 407 F. App'x at ** 1. Mr. Griggs, therefore, lacks standing to initiate a criminal action. Accordingly, it is
ORDERED that the action is dismissed because Mr. Griggs lacks standing to file and prosecute a criminal action.
BY THE COURT:
LEWIS T. BABCOCK, Judge
United States District Court
CERTIFICATE OF MAILING
Rodger Griggs
Prisoner No. 07572040
Ft Worth FMC
PO Box 15330
Ft Worth, TX 76119
I hereby certify that I have mailed a copy of the ORDER and JUDGMENT to the above-named individuals on October 17, 2011.
GREGORY C. LANGHAM, CLERK
By:_____________
Deputy Clerk