SCHLESINGER v. MUKASEY et al, No. 1:2008cv01668 - Document 4 (D.D.C. 2009)
Court Description: MEMORANDUM OPINION accompanying Order of dismissal issued separately this day. Signed by Judge Colleen Kollar-Kotelly on 3/3/09. (ah)
Download PDF
<![CDATA[
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Nat Schlesinger, Petitioner, v. Michael Mukasey et al., Respondents. : : : : : : : : Civil Action No. 08-1668 (CKK) MEMORANDUM OPINION In this mandamus action filed pro se, petitioner, a federal prisoner, seeks to compel the United States Attorney General and the United States Attorney for the Eastern District of New York to investigate and prosecute offenses allegedly committed by individuals involved in his criminal prosecution. Petition for Writ of Mandamus at 1. He accuses said individuals of obstruction of justice, perjury, witness tampering and subordination of perjury. Petitioner also seeks a declaratory judgment to establish his rights. Id. The United States Attorney General has absolute discretion in deciding whether to investigate claims for possible criminal or civil prosecution. As a general rule applicable to the circumstances of this case, such decisions are not subject to judicial review. Shoshone-Bannock Tribes v. Reno, 56 F.3d 1476, 1480-81 (D.C. Cir. 1995). The complaint therefore must be dismissed. See Fed. R. Civ. P. 12(h)(3) (requiring the Court to dismiss a case at any time it determines that it lacks subject matter jurisdiction). A separate Order accompanies this Memorandum Opinion. __________s/s_________________ COLLEEN KOLLAR-KOTELLY United States District Judge Date: March 3, 2009
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
