Burke v. North Dakota Department of Corrections and Rehabilitation et al

Filing 18

ORDER ADOPTING 16 REPORT AND RECOMMENDATIONS by Judge Daniel L. Hovland denying Burke's 14 Motion.(QF) Distributed on 1/31/2013 (jt).

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION

Dale Joseph Burke,

)
)
Plaintiff,
)
ORDER ADOPTING
)
REPORT AND RECOMMENDATION
vs.
)
)
North Dakota Department of Corrections
)
and Rehabilitation, et al.,
)
Civil No. 1:12-cv-131
)
Defendants.
)
______________________________________________________________________________
On December 21, 2012, the plaintiff, Dale Burke, filed a “Motion for Court Order to Have the
Following Persons Charged with Criminal Violation of Conspiracy Against Rights Pursuant to 18
U.S.C. § 241.” See Docket No. 14. On January 8, 2013, Magistrate Judgment Charles S. Miller, Jr.’s
issued a Report and Recommendation which recommended that Burke’s motion be denied because
private citizens have no right to criminal investigations and the Court lacks authority to order a
criminal investigation. See Docket No. 16. Any objection to the Report and Recommendation must
have been filed within fourteen (14) days, or by January 23, 2013. No objections have been filed to
date. The Court has carefully reviewed Magistrate Judge Miller’s Report and Recommendation
(Docket No. 14), the entire record, and controlling case law, and finds the Report and
Recommendation to be persuasive. The Court ADOPTS the Report and Recommendation (Docket
No. 14) in its entirety and DENIES Burke’s motion for criminal charges (Docket No. 14).
IT IS SO ORDERED.
Dated this 31st day of January, 2013.
/s/ Daniel L. Hovland _____________________
Daniel L. Hovland, District Judge
United States District Court