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Tia v. Criminal Investigation Demanded as Set Forth

United States Court of Appeals, Ninth Circuit
Jun 30, 2011
441 F. App'x 457 (9th Cir. 2011)

Summary

holding that a private citizen plaintiff "lacks standing to compel an investigation or prosecution of another person."

Summary of this case from Henry v. Tholberg

Opinion

No. 10-16979.

Submitted June 15, 2011.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

June 30, 2011.

Appeal from the United States District Court for the District of Hawaii Susan Oki Mollway, Chief Judge, Presiding D.C. No. 1:10-cv-00383-SOMBMK.

Before: CANBY, O'SCANNLAIN and FISHER, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Peter R. Tia, a Hawaii state prisoner, appeals pro se from the district court's judgment dismissing his action alleging violations of his constitutional rights and the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-1968. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court's dismissal of a complaint under 28 U.S.C. § 1915(A) for failure to state a claim. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Tia's claim that he was subject to inhumane conditions of confinement because Tia failed to allege that any prison officials were deliberately indifferent to conditions that posed a substantial risk of serious harm to him. See Farmer v. Brennan, 511 U.S. 825, 834-35 (1994) (setting forth deliberate indifference standard).

The district court properly denied Tia's request for a criminal investigation into the alleged RICO conspiracy because Tia lacks standing to compel an investigation or prosecution of another person. See 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.").

Tia's remaining contentions are unpersuasive.

All pending motions are denied.

AFFIRMED.


Summaries of

Tia v. Criminal Investigation Demanded as Set Forth

United States Court of Appeals, Ninth Circuit
Jun 30, 2011
441 F. App'x 457 (9th Cir. 2011)

holding that a private citizen plaintiff "lacks standing to compel an investigation or prosecution of another person."

Summary of this case from Henry v. Tholberg

holding that a private citizen plaintiff "lacks standing to compel an investigation or prosecution of another person."

Summary of this case from Pusateri v. Klamath Cnty. Sheriffs Office

holding that the district court properly denied Tia's request for a criminal investigation into the alleged RICO conspiracy because she lacked standing to compel an investigation or prosecution of another

Summary of this case from Horowitz v. Sulla

denying a state prisoner's request for a criminal investigation into a criminal RICO conspiracy because the prisoner "lacks standing to compel an investigation or prosecution of another person."

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

Tia v. Criminal Investigation Demanded as Set Forth

Case Details

Full title:PETER R. TIA, Plaintiff-Appellant, v. CRIMINAL INVESTIGATION DEMANDED AS…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 30, 2011

Citations

441 F. App'x 457 (9th Cir. 2011)

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