Bryant v. Washington Federal Bank, Inc

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ANN W. EASLEY BRYANT, Plaintiff, v. No. 2:20-cv-01266-RB-SMV WASHINGTON FEDERAL BANK, INC. and BRENT J. BEARDALL, Defendants. MEMORANDUM OPINION AND ORDER DISMISSING CLAIM PURSUANT TO 18 U.S.C. § 1005 WITH PREJUDICE THIS MATTER comes before the Court on pro se Plaintiff's Amended Complaint for a Civil Case, filed January 7, 2021. (Doc. 6.) Plaintiff, who has a savings account with Defendants, alleges that Defendants’ employees altered Plaintiff’s withdrawals and kept Plaintiff's money from June 2015 through August 2018. Plaintiff asserts tort claims and a claim pursuant to 18 U.S.C. § 1005. The Court dismisses with prejudice the claim pursuant to 18 U.S.C. § 1005 because this section is a criminal statute that provides criminal penalties for violations related to bank entries, reports and transactions. United States Magistrate Judge Stephan M. Vidmar previously notified Plaintiff that “[C]riminal statutes do not provide for private civil causes of action.” (Doc. 5 (quoting Kelly v. Rockefeller, 69 F. App’x. 414, 415-16 (10th Cir. 2003)) (citing Diamond vy. Charles, 476 U.S. 54, 64 (1986) (‘a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another’”)).) IT IS SO ORDERED.

SENIOR U.S. DISTRICT JUDGE