Filing 3

MEMORANDUM AND OPINION. Signed by Judge Ellen S. Huvelle on 10/5/09. (dr)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OCT 1 4 2009 NANeYMAyEf? WHITTINGTON, CLERK U.S. DISTRICT COURT Terry Faison Williams, Plaintiff, V. Department of Justice Federal Bureau of Prisons, Defendant. ) ) ) ) ) ) ) 1 Civil Action No. (j$ ) 193'; 1 1 MEMORANDUM OPINION Before the court is an application to proceed in forma pauperis and a pro se complaint. The application will be granted, but the complaint dismissed without prejudice for lack of subject matter jurisdiction. It appears from exhibits filed with the complaint that the plaintiff, Terry Faison Williams, is the sister of Louis T. Faison, a prisoner who died while in federal custody at the United States Penitentiary Lewisburg, in Lewisburg, Pennsylvania. The complaint and the exhibits indicate that Williams questions the circumstances of her brother's death and suspects medical negligence or wrongful death. The complaint itself identifies only a cause of action under Title 18 of the U.S. Code, tj 242, for deprivation of rights under color of law. Title 18 of the U.S. Code sets out the criminal laws of the United States, and private persons cannot bring criminal lawsuits. Therefore this complaint for a criminal suit must be dismissed for failure to state a claim upon which relief may be granted. In light of the supporting exhibits, the pro se complaint could be liberally construed, see Haines v. Kerner, 404 U.S. 5 19, 520 (1972), as one intending to initiate a civil lawsuit for

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