Strecker v. C.O. Scheets

Filing 6

ORDER CLOSING CASE. Signed by Magistrate Judge John Johnston on 6/12/2017. Mailed to Strecker with original filings as directed. (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
KEITH SCOTT STRECKER,

CV 17-00049-H-DLC-JTJ

Plaintiff,
vs.

ORDER

C/O SCHEETS, et al.,
Defendants.
Keith Strecker, a state prisoner proceeding without counsel filed a document
entitled “Criminal Complaint.” The filing was liberally construed as a civil
complaint. On May 3, 2017, the Clerk of Court mailed Mr. Strecker a Notice of
Case Opening (Doc. 2) and a letter explaining that in order to institute a civil action
he needed to pay the filing fee for this case or submit a motion to proceed in forma
pauperis.
On May 12, 2017, Mr. Strecker sent a letter to the Court indicating that he
intended to file a criminal complaint and he did not want to file a civil lawsuit. He
asks that his original documents be returned. (Doc. 3.)
It is well-settled that “a private citizen lacks a judicially cognizable interest
in the prosecution or non-prosecution of another.” Linda R. S. v. Richard D., 410
U.S. 614, 619 (1973). As such, Mr. Strecker cannot request the Court to conduct a
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criminal investigation or prosecute a defendant. Graves-Bey v. City & Cnty. of San
Francisco, 669 Fed.Appx. 373 (9th Cir. 2016). He may only file a civil complaint
in this court. There is no authority for the filing of a criminal complaint.
In order to institute a civil action in federal court, a plaintiff must either pay
a filing fee of $400.00 as required by 28 U.S.C. § 1914(a) or file a motion to
proceed in forma pauperis under 28 U.S.C. § 1915. Here, no case has been
initiated. Mr. Strecker did not intend to file a civil action and he has not paid the
filing fee or submitted a motion to proceed in forma pauperis. Mr. Strecker’s
documents have not been filed, they were simply lodged with the Court.
ACCORDINGLY, the Clerk of Court is directed to close this matter and
return Mr. Strecker’s original filings.
DATED this 12th day of June 2017.

/s/ John Johnston
John Johnston
United States Magistrate Judge

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