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)

Download PDF
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 2 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. 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?