From Casetext: Smarter Legal Research

Robinson v. Cunan

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 29, 2012
No. 11-15978 (9th Cir. Nov. 29, 2012)

Opinion

No. 11-15978 D.C. No. 2:10-cv-02464-MCE-JFM

11-29-2012

JOSEPH ROBINSON, Plaintiff - Appellant, v. JEFF CUNAN, Defendant - Appellee.


NOT FOR PUBLICATION


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court

for the Eastern District of California

Morrison C. England, Jr., District Judge, Presiding


Submitted November 13, 2012

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
--------

Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.

Joseph Robinson appeals pro se from the district court's judgment dismissing his action seeking criminal prosecution of Plumas County prosecutor Jeff Cunan for alleged violations of Robinson's civil rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim for relief, Miller v. Yokohama Tire Corp., 358 F.3d 616, 619 (9th Cir. 2004), and we affirm.

The district court properly dismissed Robinson's action as barred by the doctrine of res judicata. See Tahoe-Sierra Pres. Council, Inc. v. Tahoe Reg'l Planning Agency, 322 F.3d 1064, 1077-78 (9th Cir. 2003) (setting forth elements of res judicata). Moreover, to the extent that Robinson seeks the issuance of an arrest warrant or to compel the prosecution of another person under 18 U.S.C. §§ 241 and 242, he lacks standing. See Linda R. S. v. Richard D. , 410 U.S. 614, 619 (1973) ("[A] private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.").

AFFIRMED.


Summaries of

Robinson v. Cunan

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 29, 2012
No. 11-15978 (9th Cir. Nov. 29, 2012)
Case details for

Robinson v. Cunan

Case Details

Full title:JOSEPH ROBINSON, Plaintiff - Appellant, v. JEFF CUNAN, Defendant …

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Nov 29, 2012

Citations

No. 11-15978 (9th Cir. Nov. 29, 2012)

Citing Cases

Woodall v. Phx. Police Dep't.

Maine v. Taylor, 477 U.S. 131, 137 (1986) (“[P]rivate parties . . . have no legally cognizable interest in…

Gerow v. U.S. Dep't of Justice

Id. Plaintiff's grievance with DOJ - that DOJ opted not to investigate his claims against PPD - is not a…