Davis v. Pike County Correctional Facility
| Damion Davis |
| Pike County Correctional Facility |
| 1:2022cv10583 |
| April 18, 2022 |
| US District Court for the District of Massachusetts |
| William G Young |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 5 Mail Returned as Undeliverable - Return to Sender (No Longer At Faility) as to Damion Davis (Paine, Matthew) |
| Filing 4 Judge William G. Young: ORDER entered. ORDER DISMISSING CASE(PSSA, 5) |
| Filing 3 Judge William G. Young: ELECTRONIC ORDER entered. "This action is DISMISSED without prejudice for lack of jurisdiction. Pro se plaintiff Damian Davis (Davis) is an immigration detainee being held at Pike County Correctional Facility in Lords Valley, Pennsylvania. On April 15, 2022, Davis filed a letter seeking to press criminal charges against Pike County Correctional Facility, Lt. Fagan, Sgt. Linda Forshea and Sgt. Wagonhoff for an alleged assault that occurred on December 2, 2021. See ECF No. 1. The Clerk issued a civil action number. "Generally, a private citizen has no authority to initiate a federal criminal prosecution." Cok v. Costentino, 876 F.2d 1, 2 (1st Cir. 1989) (per curiam). Indeed, "private citizens do not have standing to prosecute criminal violations or to initiate criminal proceedings in their own names." Cichocki v. Bank of America, 2016 WL 3962814, at *3 (D. Mass. July 21, 2016). Accordingly, this Court is without jurisdiction to entertain such an action so-construed. In the alternative, to the extent Davis's filing might be construed as seeking habeas corpus relief pursuant to 28 U.S.C. 2241, the Court lacks jurisdiction because Davis is not confined in the District of Massachusetts, but rather in the Middle District of Pennsylvania. 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, even if Davis's filings were construed as attempting to open a civil action, it is apparent that venue would be improper in any event pursuant to 28 U.S.C. 1391(b), where it appears that the purported defendants and apparent claims against them have no apparent connection to the District of Massachusetts. The Clerk is directed to enter a separate order of dismissal and close this case."(PSSA, 5) |
| 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 Pike County Correctional Facility, filed by Damion Davis. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Castilla, Francis) |
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| Plaintiff: Damion Davis | |
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