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U.S. Court of Appeals for the Eleventh Circuit, 1987

Rolando Otero v. United States Attorney General, State of Florida, Richard Gerstein

Rolando Otero v. United States Attorney General, State of Florida, Richard Gerstein
U.S. Court of Appeals for the Eleventh Circuit · Decided November 13, 1987 · Roney, Vance, Clark
832 F.2d 141; 1987 U.S. App. LEXIS 15022 (Federal Reporter, Second Series)

Counsel

Rolando Otero, pro se., Leon B. Kellner, U.S. Atty., Miami, Fla., Guy W. Harrison, Andrea M. Simonton, Linda Collins Hertz, Asst. U.S. Attys., Robert A. Butterworth, Atty. Gen., Dept, of Legal Affairs, Tallahassee, Fla., for State of Florida and Richard Gerstein.

Rolando Otero v. United States Attorney General, State of Florida, Richard Gerstein

Cases that cite this one

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Opinion

PER CURIAM:

Rolando Otero filed a complaint seeking the issuance of a writ of mandamus to compel defendants to investigate and prosecute a former Florida State Attorney. The district court properly dismissed the complaint with prejudice for two reasons.

First, a private citizen has no judicially cognizable interest in the prosecution or non-prosecution of another. Linda R.S. v. Richard D., 410 U.S. 614, 619, 93 S.Ct. 1146, 1149, 35 L.Ed.2d 536 (1973).

Second, prosecutorial discretion may not be controlled by a writ of mandamus. Powell v. Katzenbach, 359 F.2d 234 (D.C.Cir. 1965), *142 cer t. denied, 384 U.S. 906, 86 S.Ct. 1341, 16 L.Ed.2d 359 (1966).

AFFIRMED.

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