BELL v. GRANT et al, No. 1:2009cv01868 - Document 3 (D.D.C. 2009)
Court Description: MEMORANDUM AND OPINION. Signed by Judge Ellen S. Huvelle on 9/24/09. (md, )
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FILED UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA SEP 3 0 2009 NANCY MAYER WHITTINGTON, CLERK U S. DISTRICT COURT LLOYD BELL, Plaintiff, 1 v. ) ) CivilActionNo. u9 1868 1 JILL R. GRANT, ) Defendant. ) MEMORANDUM OPINION This matter comes before the Court on review of plaintiffs pro se complaint and application to proceed in forma pauperis. The application will be granted, but the complaint will be dismissed. Plaintiff alleges that Dr. Jill Grant engaged in a criminal conspiracy by prescribing medication for the treatment of plaintiffs mental illness with knowledge of its objectionable side affects. See Compl. at 2. Plaintiff "is seeking restitutional punishment money for the crimes exposed in this complaint" in the amount of $1 million. Id. at 3. Generally, "in the criminal context, the Supreme Court has refused to imply a private right of action in 'a bare criminal statute."' Prunte v. Universal Music Group, 484 F. Supp. 2d 32,42 (D.D.C. 2006) (quoting Cort v. Ash, 422 U.S. 66, 79-80 (1975)). The criminal statute on which plaintiff appears to rely, 18 U.S.C. 5 241, does not create a private right of action. See Ibrahim v. Latham & Watkins, No. 09-0732,2009 WL 1076695 (D.D.C. Apr. 22,2009) (dismissing criminal conspiracy claim on the ground that "[o]nly the federal government can bring an action for criminal conspiracy under 18 U.S.C. 5 24lW), aff'd, No. 09-7048,2009 WL 1 2762198 (D.C. Cir. Aug. 28,2009). The Court will dismiss this action because the complaint fails to state a claim upon which relief can be granted. See 28 U.S.C. 44 1915(e)(2)(B)(ii), 1915A(b)(l). An Order consistent with this Memorandum Opinion is issued separately. United States District Judge
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