Jackson v. Drew et al

Filing 4

OPINION AND ORDER that Magistrate Judge Gerrilyn G. Brill's Final R&R is ADOPTED, and this action is DISMISSED WITHOUT PREJUDICE. Signed by Judge William S. Duffey, Jr on 11/17/2014. (anc)

had filed against a correctional officer at the Penitentiary. Plaintiff seeks to initiate
a federal criminal prosecution against the Defendants for allegedly violating his
constitutional rights.
II.

DISCUSSION
A.

Legal Standard

After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify a magistrate
judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v.
Wainwright, 681 F.2d 732, 732 (11th Cir. 1982), cert denied, 459 U.S. 1112
(1983). A district judge “shall make a de novo determination of those portions of
the report or specified proposed findings or recommendations to which objection is
made.” 28 U.S.C. § 636(b)(1). With respect to those findings and
recommendations to which a party has not asserted objections, the district judge
must conduct a plain error review of the record. United States v. Slay, 714 F.2d
1093, 1095 (11th Cir. 1983).
B.

Analysis

Because Plaintiff has not objected to the Magistrate Judge’s finding that his
“criminal complaint” be dismissed for lack of standing, the Court reviews the
Magistrate Judge’s findings and recommendations for plain error.

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See Slay 714 F.2d at 1095. The Magistrate Judge recommended that Plaintiff’s
“criminal complaint” be dismissed without prejudice because Plaintiff does not
have standing to initiate a criminal prosecution against Defendants. A private
citizen has no cognizable interest in the prosecution or non-prosecution of another
person. Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973). “The Government,
not private citizens, prosecute crimes.” Williams v. University of Alabama Hosp.
at Birmingham, 353 F. App’x 397, 398 (11th Cir. 2009) (affirming the dismissal of
a criminal complaint for lack of standing to bring criminal charges). Because
Plaintiff lacks standing to bring criminal charges against the Defendants, the Court
finds no plain error in the R&R, and this action is dismissed without prejudice. Id.
III.

CONCLUSION
Accordingly, for the foregoing reasons,
IT IS HEREBY ORDERED that Magistrate Judge Gerrilyn G. Brill’s Final

R&R is ADOPTED, and this action is DISMISSED WITHOUT PREJUDICE.

SO ORDERED this 17th day of November, 2014.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

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