Unpublished Disposition, 877 F.2d 64 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 877 F.2d 64 (9th Cir. 1989)

John KIM, Plaintiff-Appellant,v.Richard ROMERO, et al., Cecil Hicks, Defendants-Appellees.

No. 88-6314.

United States Court of Appeals, Ninth Circuit.

Submitted June 7, 1989.^* Decided June 14, 1989.

Before HUG, K.K. HALL and WIGGINS, Circuit Judges.

MEMORANDUM^**

After an Orange County sheriff allegedly broke appellant John Kim's arm, Kim brought suit against Assistant United States Attorney Richard Romero and other prosecuting authorities for their failure to bring charges against the sheriff for the alleged battery. United States District Judge Ferdinand F. Fernandez dismissed the case with prejudice after adopting the recommendations of the United States Magistrate. We affirm for lack of standing for the reasons expressed in the report of the Magistrate.

Appellant has no standing to sue, for under Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973), "a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another." In addition, appellant lacks standing under the requirements of City of Los Angeles v. Lyons, 461 U.S. 95 (1983) as detailed in the Magistrate's report.

AFFIRMED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Circuit Rule 34-4

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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