Gerold v. Astellas Pharma US, Inc. et al, No. 2:2015cv00475 - Document 22 (M.D. Fla. 2015)

Court Description: OPINION AND ORDER denying 14 Plaintiff's Motion to Initiate a Criminal Investigation. See Opinion and Order for details. Signed by Judge John E. Steele on 9/25/2015. (MAB)

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Gerold v. Astellas Pharma US, Inc. et al Doc. 22 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION PETER GEROLD, Plaintiff, v. Case No: 2:15-cv-475-FtM-99CM ASTELLAS PHARMA US, INC. and MCKESSON CORPORATION, Defendants. OPINION AND ORDER This matter comes before the Court on plaintiff’s Motion to Initiate a Criminal Investigation (Doc. #14) filed on August 24, 2015. Defendants filed an Opposition and Motion to Strike (Doc. #20) on September 8, 2015. Plaintiff enforcement seeks to the initiate entry a of an criminal order directing investigation law against defendants for alleged violations of state and federal laws. “Generally, a private citizen has no authority to initiate a federal criminal prosecution.” (1st Cir. 1989). Cok v. Cosentino, 876 F.2d 1, 2 Indeed, it is well-settled that “a private citizen has no judicially cognizable interest in the prosecution or non-prosecution of another.” Otero v. United States Attorney Gen., 832 F.2d 141, 141 (11th Cir. 1987) (citing Linda R. S. v. Richard D., 410 U.S. 614, 619 (1973). Therefore, plaintiff has no authority to bring a criminal complaint for the prosecution of another. Additionally, to the extent that plaintiff is seeking Dockets.Justia.com intervention, the Court cannot direct or compel the prosecution of a case. The authority to investigate and complaints rests exclusively with prosecutors. initiate criminal Smith v. United States, 375 F.2d 243, 247 (5th Cir. 1967) (“The discretion of the Attorney General prosecute, or in to choosing abandon a whether to prosecution prosecute already or not to started, is absolute.”); United States v. Cox, 342 F.2d 167, 171 (5th Cir. 1965) (“Although as a member of the bar, the attorney for the United States is an officer of the court, he is nevertheless an executive official of the Government, and it is as an officer of the executive department that he exercises a discretion as to whether or not there shall be a prosecution in a particular case.”). As such, plaintiff’s motion initiate a criminal investigation is denied. Accordingly, it is hereby ORDERED: Plaintiff’s Motion to Initiate a Criminal Investigation (Doc. #14) is DENIED. DONE and ORDERED at Fort Myers, Florida, this of September, 2015. Copies: Plaintiff Counsel of Record - 2 - 25th day

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