Schlesinger v. Mukasey
This text of Schlesinger v. Mukasey (Schlesinger v. Mukasey) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Nat Schlesinger, : : Petitioner, : v. : Civil Action No. 08-1668 (CKK) : Michael Mukasey et al., : : Respondents. :
MEMORANDUM OPINION
In this mandamus action filed pro se, petitioner, a federal prisoner, seeks to compel the
United States Attorney General and the United States Attorney for the Eastern District of New
York to “investigate and prosecute” offenses allegedly committed by individuals involved in his
criminal prosecution. Petition for Writ of Mandamus at 1. He accuses said individuals of
obstruction of justice, perjury, witness tampering and subordination of perjury. Petitioner also
seeks a declaratory judgment to establish his rights. Id. The United States Attorney General has
absolute discretion in deciding whether to investigate claims for possible criminal or civil
prosecution. As a general rule applicable to the circumstances of this case, such decisions are not
subject to judicial review. Shoshone-Bannock Tribes v. Reno, 56 F.3d 1476, 1480-81 (D.C. Cir.
1995). The complaint therefore must be dismissed. See Fed. R. Civ. P. 12(h)(3) (requiring the
Court to dismiss a case “at any time” it determines that it lacks subject matter jurisdiction). A
separate Order accompanies this Memorandum Opinion.
__________s/s_________________ COLLEEN KOLLAR-KOTELLY United States District Judge
Date: March 3, 2009
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
Schlesinger v. Mukasey, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schlesinger-v-mukasey-dcd-2009.