Smith v. United States of America

Filing 2

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that this action is DISMISSED.IT IS FURTHER ORDERED that the criminal complaint shall be STRICKEN from the record. IT IS HEREBY CERTIFIED that an appeal from this dismissal would not betaken in good faith. Signed by District Judge Jean C. Hamilton on 6/13/13. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LARRY LEE SMITH,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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No. 4:13MC303 JCH

MEMORANDUM AND ORDER
This matter is before the Court on Larry Smith’s submission of a criminal
complaint alleging that several people violated Missouri law by forcing him to take
psychotropic medications at Fulton State Hospital. The law on this matter is clear:
“‘a private citizen lacks a judicially cognizable interest in the prosecution or
nonprosecution of another.’” Diamond v. Charles, 476 U.S. 54, 64 (1986) (quoting
Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973)). Smith, a private citizen, has no
standing to initiate federal criminal prosecutions.
Accordingly,
IT IS HEREBY ORDERED that this action is DISMISSED.
IT IS FURTHER ORDERED that the criminal complaint shall be
STRICKEN from the record.

IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be
taken in good faith.
Dated this 13th day of June, 2013.

/s/Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

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