CHRISTIAN v. DEMOCRATIC PARTY et al

Filing 3

MEMORANDUM OPINION Signed by Judge Amy Berman Jackson on 09/08/2021. (znmg)

Case 1:21-cv-02281-UNA Document 3 Filed 09/08/21 Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
PATRICK CHRISTIAN,
Plaintiff,
v.
DEMOCRATIC PARTY, et al.,
Defendants.

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FILED
SEPT, 8, 2021

Clerk, U.S. District & Bankruptcy
Court for the District of Columbia

Civil Action No. 21-2281 (UNA)

MEMORANDUM OPINION
This matter is before the Court on plaintiff’s application to proceed in forma pauperis and
his pro se civil complaint. The application will be granted, and the complaint will be dismissed.
According to plaintiff, two political parties are responsible for any number of this nation’s
ills, to include the ongoing oppression of minorities, the spread of diseases, gerrymandering and
politicians’ failure to fulfill promises made during campaigns. See generally Compl. at 3- 10.
Plaintiff brings this action under 18 U.S.C. § 242, see id. at 1, and “prays for relief that his
intangible property records are made available, so it can be claimed, and all those involved in
conspiracy are held accountable,” id. at 12.
While the Court certainly can understand plaintiff’s frustration with the current state of
affairs in the country, there is no private right of action under the code provision on which plaintiff
relies,. See Beeson v. South Carolina, No. 2:16-CV-1164, 2016 WL 4394506, at *3 (D.S.C. July
13, 2016) (finding that 18 U.S.C. §§ 241, 242, 371, 2384, and 2385 are “criminal statu[t]es that do
not give rise to civil liability or authorize a private right of action”), report and recommendation
adopted sub nom. Beeson v. State of South Carolina, No. 2:16-CV-1164, 2016 WL 4370032
(D.S.C. Aug. 12, 2016); Rockefeller v. U.S. Court of Appeals Office for Tenth Circuit Judges, 248

Case 1:21-cv-02281-UNA Document 3 Filed 09/08/21 Page 2 of 3

F. Supp. 2d 17, 23 (D.D.C. 2003) (“[T]he plaintiff is precluded from asserting any claims pursuant
to 18 U.S.C. §§ 242 and 371 because, as criminal statutes, they do not convey a private right of
action.”).
The complaint will be dismissed because it fails to state a claim upon which relief can be
granted. An Order consistent with this Memorandum Opinion is issued separately.

DATE: September 8, 2021

/s/
AMY BERMAN JACKSON
United States District Judge

Case 1:21-cv-02281-UNA Document 3 Filed 09/08/21 Page 3 of 3

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JAMES GENCARELLI,

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Plaintiff,
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v.
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DEMOCRATIC NATIONAL COMMITTEE, et al., )
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Defendants.
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Civil Action No.

ORDER
For the reasons stated in the accompanying Memorandum Opinion, it is hereby
ORDERED that the plaintiff’s application to proceed in forma pauperis is GRANTED;
and it is
FURTHER ORDERED that the complaint and this civil action are DISMISSED
WITHOUT PREJUDICE.
This is a final appealable Order. See Fed. R. App. P. 4(a).
SO ORDERED.
______________________________
United States District Judge
DATE: