IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

ANTHONY SHRONE PERSON, ) ) Petitioner, ) ) vs. ) NO. CIV-23-0695-HE ) RAMONA M. JONES, et al., ) ) Respondents. )

ORDER

Petitioner Anthony Shrone Person, a Washington state prisoner appearing pro se, filed a document purporting to commence criminal proceedings in this jurisdiction pursuant Fed.R.Crim.P. 3 & 4. The document was interpreted as a petition for habeas relief pursuant to § 2254, and the matter was referred to Magistrate Judge Shon T. Erwin pursuant to

(b)(1)(B) and (C) for initial proceedings. Upon initial review, Judge Erwin issued a Report and Recommendation recommending that the case be dismissed for lack of jurisdiction. Petitioner has objected to the Report triggering de novo review of matters to which objection has been raised. The Report recommends the petition be dismissed as a second or successive habeas petition filed without approval from the appropriate court of appeals. Petitioner objects to the Report arguing that what was filed is not a habeas petition, but rather a criminal complaint. As a private citizen, however, petitioner lacks standing to successfully pursue a criminal complaint. See Diamond v. Charles,

(1986) (“[A] private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.’) (quotations and citations omitted). Accordingly, the court ADOPTS the Report and Recommendation [Doc. #4]. Petitioner’s filing [Doc. #1], whether construed as a motion to commence criminal proceedings or as a habeas petition, is DISMISSED without prejudice but without leave to amend. IT IS SO ORDERED. Dated this 31st day of August, 2023.

~D STATES DISTRICT JUDGE