Cummings v. Othmer et al

Filing 27

ORDER denying 26 plaintiff's motion for order for request for appointment with federal judge. Signed by Magistrate Judge James P. O'Hara on 6/4/21. (jc)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
PAMELA LYNN CUMMINGS,
Plaintiff,
v.

Case No. 20-2371-DDC

AARON OTHMER, et al.,
Defendants.
ORDER
On July 31, 2020, the pro se plaintiff, Pamela Lynn Cummings, filed this wrongfulforeclosure action against defendants.1 She has since filed three motions for default
judgment2 that remain pending before the presiding U.S. District Judge, Daniel D.
Crabtree, in addition to defendants’ motion to dismiss.3 Plaintiff has now filed a motion
(ECF No. 26) indicating she intends to file a criminal complaint and requesting an
appointment to have the complaint signed and sworn to in the presence of the undersigned
U.S. Magistrate Judge, James P. O’Hara. The clerk’s office has confirmed with plaintiff
that she intended to file this document in her civil case.

1

ECF No. 1.

2

ECF Nos. 13, 18, 24.

3

ECF No. 6.

O:\ORDERS\20-2371-DDC-26.DOCX

As a private citizen, plaintiff “lacks a judicially cognizable interest in the
prosecution or non-prosecution of another.”4 Plaintiff therefore lacks standing to bring
these criminal claims in the civil case.5 The court therefore denies plaintiff’s motion (ECF
No. 26). If plaintiff thinks criminal charges should be filed in connection with her
allegations, she may contact the FBI or U.S. Attorney’s Office.
IT IS SO ORDERED.
Dated June 4, 2021, at Kansas City, Kansas.
s/ James P. O’Hara
James P. O’Hara
U.S. Magistrate Judge

4

D’Addabbo v. Smith, 2017 WL 9481234, at *3 (D. Utah Aug. 7, 2017), report and
recommendation adopted, No. 1:17-CV-30, 2017 WL 4286607 (D. Utah Sept. 27, 2017).
Id. (citing Keyter v. 535 Members of the 110th Congress, 277 F. App’x 825, 827 (10th
Cir. 2008) (unpublished)).
5

2