Opinion
No. 3-02-MC-34-P
April 9, 2002
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to the District Court's order of reference filed on April 8, 2002, the above miscellaneous action has been referred to the undersigned magistrate judge for report and recommendation.
FINDINGS AND CONCLUSIONS:
The pleadings filed in this action purport to be a criminal prosecution against the United States of America and others initiated by Jack Borninski. The authority to institute a criminal action in federal court is reserved exclusively to the Executive Branch of the federal government. See Article II, § 3 of the United States Constitution. Neither a court nor a private citizen may institute a criminal action in a United States district court. See also United States v. Cox, 842 F.2d 167, 172 (5th Cir. 1965) cert. denied 381 U.S. 935, 85 SCt. 1767 (1965). A private citizen is free to present evidence of a violation of federal criminal law to the Department of Justice, the United States Attorney for the district in which the federal criminal offenses are alleged to have occurred or to an agency of the Executive Branch of the government with jurisdiction to investigate the allegations of violations of federal criminal law.
RECOMMENDATION:
Since neither Mr. Borninski nor this court has jurisdiction to bring nor initiate a criminal action in federal district court, it is recommended that the miscellaneous matter be administratively closed.