Gerold v. Astellas Pharma US, Inc. et al
Filing
22
OPINION AND ORDER denying 14 Plaintiff's Motion to Initiate a Criminal Investigation. See Opinion and Order for details. Signed by Judge John E. Steele on 9/25/2015. (MAB)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PETER GEROLD,
Plaintiff,
v.
Case No: 2:15-cv-475-FtM-99CM
ASTELLAS PHARMA US, INC. and
MCKESSON CORPORATION,
Defendants.
OPINION AND ORDER
This matter comes before the Court on plaintiff’s Motion to
Initiate a Criminal Investigation (Doc. #14) filed on August 24,
2015.
Defendants filed an Opposition and Motion to Strike (Doc.
#20) on September 8, 2015.
Plaintiff
enforcement
seeks
to
the
initiate
entry
a
of
an
criminal
order
directing
investigation
law
against
defendants for alleged violations of state and federal laws.
“Generally, a private citizen has no authority to initiate a
federal criminal prosecution.”
(1st Cir. 1989).
Cok v. Cosentino, 876 F.2d 1, 2
Indeed, it is well-settled that “a private
citizen has no judicially cognizable interest in the prosecution
or non-prosecution of another.”
Otero v. United States Attorney
Gen., 832 F.2d 141, 141 (11th Cir. 1987) (citing Linda R. S. v.
Richard D., 410 U.S. 614, 619 (1973).
Therefore, plaintiff has
no authority to bring a criminal complaint for the prosecution of
another.
Additionally, to the extent that plaintiff is seeking
intervention, the Court cannot direct or compel the prosecution of
a
case.
The
authority
to
investigate
and
complaints rests exclusively with prosecutors.
initiate
criminal
Smith v. United
States, 375 F.2d 243, 247 (5th Cir. 1967) (“The discretion of the
Attorney
General
prosecute,
or
in
to
choosing
abandon
a
whether
to
prosecution
prosecute
already
or
not
to
started,
is
absolute.”); United States v. Cox, 342 F.2d 167, 171 (5th Cir.
1965) (“Although as a member of the bar, the attorney for the
United States is an officer of the court, he is nevertheless an
executive official of the Government, and it is as an officer of
the executive department that he exercises a discretion as to
whether or not there shall be a prosecution in a particular
case.”).
As
such,
plaintiff’s
motion
initiate
a
criminal
investigation is denied.
Accordingly, it is hereby
ORDERED:
Plaintiff’s Motion to Initiate a Criminal Investigation (Doc.
#14) is DENIED.
DONE and ORDERED at Fort Myers, Florida, this
of September, 2015.
Copies:
Plaintiff
Counsel of Record
- 2 -
25th
day
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