Strain v. Aycock et al
| Michael Duane Strain |
| Sharion Aycock and Raymond Byrd |
| 1:2021cv11369 |
| August 20, 2021 |
| US District Court for the District of Massachusetts |
| William G Young |
| Mandamus & Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 23, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 AFFIDAVIT of Truth by Michael Duane Strain. (Paine, Matthew) |
| Filing 6 Judge William G. Young: ORDER entered. ORDER DISMISSING CASE(Hohler, Daniel) |
| Filing 5 Judge William G. Young: ELECTRONIC ORDER entered. ORDER DISMISSING CASE"This action is DISMISSED without prejudice for lack of jurisdiction. It is unclear whether Michael Duane Strain's (Strain) filing entitled re: Criminal Complaint is an attempt to initiate a criminal matter, file a petition for writ of habeas corpus, or a commence civil action. This Court has no jurisdiction under all of these scenarios. As an initial matter, Strain has no standing to initiate a federal criminal prosecution. See Cok v. Cosentino, 876 F.2d 1, 2 (1st Cir. 1989) ("Generally, a private citizen has no authority to initiate a federal criminal prosecution."). Second, to the extent the filing is construed as a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241, the Court lacks jurisdiction because Strain is not confined in the District of Massachusetts, but rather in the Northern District of Mississippi. See Rumsfeld v. Padilla, 542 U.S. 426, 443 (2004) (holding that habeas corpus jurisdiction lies in district of confinement); 28 U.S.C. 2241(a) ("Writs of habeas corpus may be granted bythe district court[]within [its]jurisdiction[]"). Finally, to the extent that Strain's filing is construed as a civil action, the Court is without jurisdiction because it is, at a minimum, filed in the wrong district as none of the defendants/respondents named in the filing, nor Strain, have any alleged connection to this district, and without more it is not in the interest of justice to transfer the action to a different district. See 28 U.S.C. 1391 (b), (c) and (e) and 28 U.S.C. 1406(a). Because it is unclear whether Strain intended to commence a civil action, no filing fee is assessed and the pending motion to proceed in forma pauperis is DENIED as MOOT. The Clerk is directed to enter a separate order of dismissal and close this case."(PSSA 5) |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Michael Duane Strain.(Castilla, Francis) |
| Filing 3 Judge William G. Young: ORDER entered. Procedural Order regarding resolution of filing fee. Plaintiff must respond within 21 days. (Castilla, Francis) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge William G. Young assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 1 COMPLAINT against All Defendants, filed by Michael Duane Strain.(Castilla, Francis) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
