Abpikar v. Holder et al

Filing 4

ORDER OF DISMISSAL. Signed by Judge Ronald M. Whyte on 7/2/09. (jg, COURT STAFF) (Filed on 7/6/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Although plaintiff reiterates that he wants his pleading filed as a criminal case, there is no authority "permitting a private individual to initiate a criminal prosecution in his own name in a United States District Court." See Keenan v. McGrath, 328 F.2d 610, 611 (1st Cir. 1964) (per curiam); cf. Fed. R. Crim. P. 3.
Order of Dismissal P:\PRO-SE\SJ.Rmw\CR.09\Abpikar872voldis.wpd
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*E-FILED - 7/6/09*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA HASSAN ABPIKAR, Plaintiff, vs. ERIC HOLDER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) No. C 09-1872 RMW (PR) ORDER OF DISMISSAL

On April 29, 2009, plaintiff filed a "criminal complaint." The Clerk construed it as a civil rights complaint and filed it as such. On May 6, 2009, the plaintiff objected to the Clerk's construction of his complaint as a civil complaint and asserted that he did not wish to file a civil complaint, but a criminal one.1 Plaintiff asks the court to "cancel" the filing of his criminal complaint as a civil one. As such, the court construes plaintiff's objection as a request to voluntarily dismiss this civil action as improperly opened and grants the request. /// ///

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Accordingly, the instant action is DISMISSED. IT IS SO ORDERED. DATED: 7/2/09 RONALD M. WHYTE United States District Judge

Order of Dismissal P:\PRO-SE\SJ.Rmw\CR.09\Abpikar872voldis.wpd

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