Brewer v. USA

Filing 2

ORDER re 1 Complaint filed by Edward Frank Brewer. Plaintiff's claims concerning the filing of criminal charges against the defendant are frivolous. Accordingly, this action is dismissed without prejudice. (See order text). Signed by Chief Judge Linda R Reade on 10/28/09. (Copy to Plaintiff with NEF) (ksy)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISION

EDWARD FRANK BREWER, Plaintiff, vs. UNITED STATES OF AMERICA, Defendant. ____________________________ This matter is before the court on the plaintiff's submission of a criminal complaint (docket no. 1). The clerk's office filed such complaint on October 20, 2009. The complaint does not comply with the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 3 (indicating a civil action is commenced by filing a complaint); see also Fed. R. Civ. P. 8 (addressing general rules of pleading). Moreover, the plaintiff submits neither the filing fee nor an application to proceed in forma pauperis. See 28 U.S.C. § 1914(a) (requiring $350.00 filing fee); 28 U.S.C. § 1915 (explaining proceedings in forma pauperis). Finally, with respect to the plaintiff's assertion that criminal charges should be brought against the defendant, neither he nor the court have the authority to commence criminal proceedings. See e.g., United States v. Armstrong, 517 U.S. 456, 464, 116 S. Ct. 1480, 134 L. Ed. 2d 687 (1996) (making clear that it is the executive branch that retains broad discretion to enforce the Nation's criminal laws). If the plaintiff believes a crime occurred, he should consult law enforcement officials, and, after conducting an investigation, those officials may consult with prosecutors to determine whether charges are warranted. Thus, the plaintiff's claims concerning the filing of criminal charges ORDER No. C09-0153-LRR

against the defendant are frivolous.

Accordingly, this action is dismissed without

prejudice. 28 U.S.C. § 1914; 28 U.S.C. § 1915. IT IS SO ORDERED DATED this 28th day of October, 2009.

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