Benoit v. Louisiana State Penitentiary

Filing 6

ORDER re 1 Petition for Writ of Habeas Corpus filed by Terrence Knight Benoit, 5 Exhibit filed by Terrence Knight Benoit. Signed by Magistrate Judge C Michael Hill on 3/9/10. (crt,Roaix, G)

UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF LOUISIANA T E R R E N C E KNIGHT BENOIT L A . DOC #489486 V S. C I V I L ACTION NO. 6:09-2094 S E C T IO N P J U D G E HAIK W A R D E N BURL CAIN ORDER B e f o re the court are the following pleadings which were filed by pro se petitioner, T e rre n c e Knight Benoit, as attachments to his petition for writ of federal habeas corpus re lie f : (1) "Affidavit[s] for Warrant To Arrest Equal Justice Under the Laws", alleging f a cts which purport to show that Benoit was unlawfully arrested and his residence u n law f u lly searched [rec. doc. 1, pp. 23-28]; (2) "Petition for Production of Documents E q u a l Protection Under the Law", interrogatories and requests for admission, which p u rp o rt to seek discovery of the facts and evidence used to convict Benoit [Id. at pp. 294 6 ]; (3) a "Special Citation", seeking the arrest of the police officers who arrested Benoit in November 2004 and other individuals who thereafter acted in some way to incur p e titio n e r's wrath [Id. at pp. 47-50]; and (4) a "Writ of Review Equal Protection Under th e Law", seeking the release of all property seized from Benoit's residence at the time of h is arrest and thereafter [Id. at pp. 51-57]. On January 6, 2010 petitioner re-submitted e a c h of the foregoing documents. [rec. doc. 5]. While the Clerk has not filed these p le a d in g s as Motions, to the extent that Benoit seeks a ruling on these pleadings, for the f o llo w in g reasons, they are denied. M A G I S T R A T E JUDGE HILL

T o the extent that Benoit seeks the arrest and prosecution of police officers or o th e rs, he has cited no federal statute or constitutional right that would entitle him to f o rc e either Louisiana or federal authorities to criminally prosecute those individuals. The d ec isio n whether to file criminal charges against an individual lies within the prosecutor's d is c re tio n , and private citizens do not have the right to compel criminal prosecution. See U n ite d States v. Batchelder, 442 U.S. 114, 124 (1979); Linda R.S. v. Richard D., 410 U.S. 6 1 4 , 619 (1973); Oliver v. Collins, 914 F.2d 56, 60 (5th Cir. 1990) (there is no c o n stitu tio n a l right to have someone investigated or criminally prosecuted). Furthermore, th e relief sought in these pleadings is unavailable in a habeas corpus action. While the Court has the authority to permit discovery pursuant to the Federal Rules o f Civil Procedure in a habeas action, there is no express requirement mandating d is c o v e ry. See Rule 6, Rules Governing Section 2254 Cases in the United States District C o u rt. The undersigned has, this date, recommended that this petition be dismissed w ith o u t prejudice as a second or successive petition filed without proper authorization f o rm the circuit court. In light of that recommendation, the undersigned concludes that p e titio n e r is not entitled to utilize discovery herein. F in a lly, to the extent that petitioner seeks return of property seized by the police in c o n ju n c tio n with his arrest and prosecution, such relief is not available in a civil action s e e k in g habeas corpus relief. Further, the disposition of property seized in connection

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w ith criminal proceedings in Louisiana is governed by State law. See La. R.S.15:41. Signed in Chambers, Lafayette, Louisiana, on March 9, 2010.

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