Hoff v. Joyce

D. North Dakota

Hoff v. Joyce

DecidedAugust 16, 2023

Docket1:22-cv-00151

StatusUnknown

This text of Hoff v. Joyce (Hoff v. Joyce) is published on Counsel Stack Legal Research, covering District Court, D. North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hoff v. Joyce, (D.N.D. 2023).

Pincite

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Kevin Michael Hoff, ) ) Plaintiff, ) ORDER ) vs. ) ) Joseph Joyce, Warden, North Dakota ) State Penitentiary, ) ) Case No. 1:22-cv-151 Defendant. ) On August 7, 2023, Plaintiff filed a motion requesting that Defendant and defense counsel be charged with perjury. (Doc. No. 54). Plaintiff has no constitutional or other right to the criminal prosecution of another. Mitchell v. McNeil, 487 F.3d 374, 378 (6th Cir. 2007) ("There is no statutory or common law right, much less a constitutional right, to an investigation."); Koger v. Florida, 130 Fed. App'x 327, 335, 2005 WL 1027204, at *6 (11th Cir. May 3, 2005) (opining that a "plaintiff had no substantive due process right to an investigation of a constitutional claim by a sheriff's office"); cf. 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"); Dohaish v. Tooley, 670 F.2d 934, 935 (10th Cir. 1982); Fulson v. City of Columbus, 801 F. Supp. 1, 6 (S.D. Ohio 1992) ("Thus, courts have generally declined to recognize standing on the part of victims of crimes to bring a § 1983 action based upon lack of prosecution of others."). Plaintiff’s motion (Doc. No. 54) is therefore DENIED. IT IS SO ORDERED. Dated this 16th day of August, 2023. /s/ Clare R. Hochhalter Clare R. Hochhalter, Magistrate Judge United States District Court.

Free access — add to your briefcase to read the full text and ask questions with AI

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA Kevin Michael Hoff, ) ) Plaintiff, ) ORDER ) vs. ) ) Joseph Joyce, Warden, North Dakota ) State Penitentiary, ) ) Case No. 1:22-cv-151 Defendant. ) On August 7, 2023, Plaintiff filed a motion requesting that Defendant and defense counsel be charged with perjury. (Doc. No. 54). Plaintiff has no constitutional or other right to the criminal prosecution of another. Mitchell v. McNeil, 487 F.3d 374, 378 (6th Cir. 2007) ("There is no statutory or common law right, much less a constitutional right, to an investigation."); Koger v. Florida, 130 Fed. App'x 327, 335, 2005 WL 1027204, at *6 (11th Cir. May 3, 2005) (opining that a "plaintiff had no substantive due process right to an investigation of a constitutional claim by a sheriff's office"); cf. 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"); Dohaish v. Tooley, 670 F.2d 934, 935 (10th Cir. 1982); Fulson v. City of Columbus, 801 F. Supp. 1, 6 (S.D. Ohio 1992) ("Thus, courts have generally declined to recognize standing on the part of victims of crimes to bring a § 1983 action based upon lack of prosecution of others."). Plaintiff’s motion (Doc. No. 54) is therefore DENIED. IT IS SO ORDERED. Dated this 16th day of August, 2023. /s/ Clare R. Hochhalter Clare R. Hochhalter, Magistrate Judge United States District Court.

Cite This Page — Counsel Stack

Bluebook (online)

Hoff v. Joyce, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoff-v-joyce-ndd-2023.

Opinion

Related

Cite This Page — Counsel Stack