Spencer v. Federal Correctional Complex et al

Filing 3

ORDER dismissing this action by Judge Lewis T. Babcock on 12/18/14. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Case No. 14-cv-03385-GPG
ROLLIN LEE SPENCER, and
UNITED STATES OF AMERICA,
Petitioners,
v.
FEDERAL CORRECTIONAL COMPLEX,
M.A. STANCIL, d.b.a. Warden,
MS. T. BRINK, d.b.a. Secretary,
MR. N.F.N. NELSON, Mailroom Officer,
MR. N.F.N. POLAND, Mailroom Supervisor, and
UNKNOWN OFFICERS AND AGENTS OF THE FEDERAL BUREAU OF PRISONS,
Respondents.

ORDER OF DISMISSAL

Petitioner, Rollin Lee Spencer, is a prisoner in the custody of the Federal Bureau
of Prisons at a federal prison in Colorado. Mr. Spencer has submitted for filing a
Criminal Complaint (ECF No. 2) alleging that Respondents have violated various federal
criminal statutes. Mr. Spencer apparently seeks to initiate a criminal case against
Respondents in the name of the United States of America. However, the fact that Mr.
Spencer has listed the United States of America as a Petitioner in the caption of the
Criminal Complaint does not make the United States of America a party to this action.
For the reasons stated below, the Court will dismiss the action.
Courts universally endorse the principle that private citizens cannot prosecute
criminal actions. See, e.g., Cok v. Cosentino, 876 F.2d 1, 2 (1st Cir.1989) (per curiam);

Connecticut Action Now, Inc. v. Spencer Plating Co., 457 F.2d 81, 86-87 (2d Cir.1972)
(“It is a truism, and has been for many decades, that in our federal system crimes are
always prosecuted by the Federal Government, not as has sometimes been done in
Anglo-American jurisdictions by private complaints.”); Winslow v. Romer, 759 F. Supp.
670, 673 (D. Colo.1991) (“Private citizens generally have no standing to institute federal
criminal proceedings.”). Therefore, the Court finds that Mr. Spencer lacks standing to
invoke the authority of United States attorneys under 28 U.S.C. § 547 to prosecute for
offenses against the United States. Accordingly, it is
ORDERED that the action is dismissed because Rollin Lee Spencer lacks
standing to file and prosecute a criminal action.
DATED at Denver, Colorado, this 18th day of

December , 2014.

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

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