Jiron v. Babcock et al
Filing
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ORDER OF DISMISSAL. The action is dismissed because Lawrence M. Jiron lacks standing to file and prosecute a criminal action. By Chief Judge Marcia S. Krieger on 1/30/2014. (klyon, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Chief Judge Marcia S. Krieger
Case No. 14-mc-00007-CBS
UNITED STATES OF AMERICA,
Plaintiff,
v.
LEWIS T. BABCOCK,
BOYD N. BOLAND,
JOHN W. SUTHERS,
RICK RAEMISCH,
STEVE HAGER,
JAMES FALK,
DAVID M. THORSON,
THOMAS K. LE DOUX,
MICHAEL L. PIRRAGLIA, and
JOHN W. HICKENLOOPER,
Defendants.
ORDER OF DISMISSAL
Lawrence M. Jiron, a prisoner in the custody of the Colorado Department of Corrections,
has submitted for filing a Complaint (ECF No. 1) alleging that Defendants have violated a
number of federal criminal statutes. It appears that Mr. Jiron seeks to initiate a criminal case
against Defendants in the name of the United States of America. However, the fact that Mr.
Jiron has listed the United States of America as the Plaintiff in the caption of the 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. Roberts 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. Jiron 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 Lawrence M. Jiron lacks standing to file
and prosecute a criminal action.
DATED this 30th day of January, 2014.
BY THE COURT:
Marcia S. Krieger
Chief United States District Judge
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