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Otero v. United States Attorney General

United States Court of Appeals, Eleventh Circuit
Nov 13, 1987
832 F.2d 141 (11th Cir. 1987)

Summary

holding that the district courts have no authority to order state or federal law enforcement agencies or prosecutors to initiate investigations or prosecutions

Summary of this case from Hill v. Allen

Opinion

No. 87-5291. Non-Argument Calendar.

November 13, 1987.

Rolando Otero, pro se.

Leon B. Kellner, U.S. Atty., Miami, Fla., Guy W. Harrison, Andrea M. Simonton, Linda Collins Hertz, Asst. U.S. Attys., Robert A. Butterworth, Atty. Gen., Dept. of Legal Affairs, Tallahassee, Fla., for State of Florida and Richard Gerstein.

Appeal from the United States District Court of the Southern District of Florida.

Before RONEY, Chief Judge, VANCE and CLARK, Circuit Judges.


Rolando Otero filed a complaint seeking the issuance of a writ of mandamus to compel defendants to investigate and prosecute a former Florida State Attorney. The district court properly dismissed the complaint with prejudice for two reasons.

First, a private citizen has no judicially cognizable interest in the prosecution or non-prosecution of another. Linda R.S. v. Richard D., 410 U.S. 614, 619, 93 S.Ct. 1146, 1149, 35 L.Ed.2d 536 (1973).

Second, prosecutorial discretion may not be controlled by a writ of mandamus. Powell v. Katzenbach, 359 F.2d 234 (D.C. Cir. 1965), cert. denied, 384 U.S. 906, 86 S.Ct. 1341, 16 L.Ed.2d 359 (1966).

AFFIRMED.


Summaries of

Otero v. United States Attorney General

United States Court of Appeals, Eleventh Circuit
Nov 13, 1987
832 F.2d 141 (11th Cir. 1987)

holding that the district courts have no authority to order state or federal law enforcement agencies or prosecutors to initiate investigations or prosecutions

Summary of this case from Hill v. Allen

holding that writ of mandamus could not issue to compel investigation and prosecution of former Florida state attorney

Summary of this case from Waters v. Federal Bureau of Investigation

holding writ of mandamus could not issue to compel investigation and prosecution of former Florida state attorney

Summary of this case from Tyler v. U.S. Attorney

affirming dismissal of complaint seeking investigation and prosecution of former state attorney

Summary of this case from Hill v. Davis

affirming the dismissal of a petition for writ of mandamus seeking to compel investigation and prosecution of state attorney

Summary of this case from Nordquist v. Eddins

affirming the dismissal of a citizen's petition for writ of mandamus to compel prosecution of a former state attorney, finding that "a private citizen has no judicially cognizable interest in the prosecution . . . of another."

Summary of this case from Barber v. Internal Revenue Serv.

affirming the dismissal of an action seeking the writ of mandamus to require the defendants to investigate and prosecute a former Florida State Attorney

Summary of this case from Cotton v. Onderdonk

affirming the dismissal of an action seeking the writ of mandamus to require the defendants to investigate and prosecute a former Florida State Attorney

Summary of this case from Thomas v. Demings

affirming the dismissal of an action seeking the writ of mandamus to require the defendants to investigate and prosecute a former Florida State Attorney

Summary of this case from Lewis v. Dixon

affirming the dismissal of an action seeking the writ of mandamus to require the defendants to investigate and prosecute a former Florida State Attorney

Summary of this case from Polonczyk v. Toyota Motor Corp.

affirming the dismissal of an action seeking the writ of mandamus to require the defendants to investigate and prosecute a former Florida State Attorney

Summary of this case from Jones v. Strong

affirming the dismissal of an action seeking the writ of mandamus to require the defendants to investigate and prosecute a former Florida State Attorney

Summary of this case from Dunkerley v. Hallmark

affirming the dismissal of an action seeking the writ of mandamus to require the defendants to investigate and prosecute a former Florida State Attorney

Summary of this case from Villar v. Furman

affirming the dismissal of an action seeking the writ of mandamus to require the defendants to investigate and prosecute a former Florida State Attorney

Summary of this case from Burt v. Holcombe

noting that "a private citizen has no judicially cognizable interest in the prosecution or non-prosecution of another."

Summary of this case from Nilio v. Williams

dismissing petition for writ of mandamus because private citizen cannot compel the investigation and prosecution of another

Summary of this case from Johnson v. Hooks

dismissing petition for writ of mandamus because private citizen cannot compel the investigation and prosecution of another

Summary of this case from Smith v. Daniel
Case details for

Otero v. United States Attorney General

Case Details

Full title:ROLANDO OTERO, PLAINTIFF-APPELLANT, v. UNITED STATES ATTORNEY GENERAL…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Nov 13, 1987

Citations

832 F.2d 141 (11th Cir. 1987)

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